When the defendant does not pay the above fine, 100,000 won.

From December 5, 2014, the Defendant, along with the victim C, tried to terminate the relationship with the victim on June 2, 2016 in the office of the E Authorized Broker D, and dispose of the business property, such as the above real estate office, and divide the remainder into half of the property except the operating expenses.

On June 30, 2016, the Defendant sold an office of the said authorized broker on condition that F receive KRW 50 million from F as lease deposit and premium, and consumed KRW 5 million from F to a new bank account in the name of the Defendant on June 30, 2016, after receiving transfer of KRW 45 million from F to a new bank account in the name of the Defendant, and used KRW 45 million in total as operating expenses around July 21, 2016, excluding KRW 8 million used as a total operating expenses of KRW 50 million, and used KRW 42 million for the remaining Defendant and the victim’s joint ownership from July 26, 2016 to August 5, 2016.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. The legal statement of the witness C;

1. Entry of a defendant in part in the protocol of second public trial;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. According to the evidence duly adopted and examined by this Court, the defendant can be found to have failed to pay to the injured party the profit that occurred in the course of settlement of accounts at will.

Since it is also recognized that the defendant had the intent not to pay the above settlement money to the victim, the intention of embezzlement can also be recognized.

In addition, if a partner did not settle the profit and loss distribution among the partners, he does not have the right to dispose of the business property belonging to the partnership of the partners at his own discretion, so if a partner's own partner has embezzled the business property at his own discretion during the custody of the business property, the entire amount embezzled at his own discretion regardless of the ratio of equity.