A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

On September 23, 2008, the Defendant entered into a partnership agreement with the victim D and Vietnamese City E to operate a restaurant in the name of “F restaurant” and to divide its operating profits into half. The victim, at the time, invested the G hotel and HE in capital, and the Defendant agreed to operate the restaurant and manage the restaurant property after investing the change of the purpose of use of the building and the main instruments for the restaurant business.

In accordance with the above business agreement, the defendant faithfully managed and operated the above F cafeteria, which is the business property, and there was a duty not to dispose of the facilities, equipment, goodwill, etc. of the above cafeteria at will.

On May 201, the Defendant, without the consent of the victim, transferred the facilities, equipment, and business rights of the said restaurant to “I” who is the lessee of the said restaurant without compensation, and caused the I to obtain the pecuniary benefits of the F cafeteria facilities, equipment, and business rights equivalent to approximately KRW 180,00,000,000 in total market value, and caused the victim to incur property damage equivalent to the same amount.

Summary of Evidence

1. Each legal statement of D;

1. A protocol concerning the examination of partially the accused by the prosecution (including the substitution with D);

1. The partnership agreement;

1. Settlement of accounts;

1. A certificate of confirmation (I is residing in Vietnam and is virtually unable to enter the Republic of Korea due to past disposition power (the defense counsel of the defendant is also claimed as such).

As such, it is reasonable to apply Article 314 of the Criminal Procedure Act. Meanwhile, in light of the fact that the above evidentiary documents are submitted directly to the investigation agency by the defendant, that the defendant himself/herself maintains a smooth business relationship with I, and that the contents of the above confirmation document and the purport of the defendant alleged at the time of examination by the prosecution are similar to those of the defendant, the above documents are prepared under particularly reliable circumstances.

1. Relevant provisions concerning facts constituting an offense;