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A defendant shall be punished by imprisonment for one year.
Of the facts charged in the instant case, the embezzlement around March 2009 is acquitted. The applicant for compensation is not guilty.
Reasons
Punishment of the crime
1. On March 2009, the Defendant established and operated the “E” screen golf course on the first floor of the building underground of Gangseo-gu Seoul Metropolitan Government (hereinafter “instant screen golf course”) with the victim C and the Dong business, and entered into an agreement with the Defendant to divide the profits into 6:4 (victim) for the first two years, and 5:5 (victim) for the first two years, and for the remaining assets at the time of the completion of the Dong business into 5:5 (5).
The Defendant received KRW 250 million from the victim pursuant to the above agreement, and from March 2009, from around March 9, 2009, decided to sell the screen golf course of this case with the victim for business deterioration, etc. as of April 9, 2012 while operating it together with the victim.
Although the Defendant, on April 2012, sold the screen golf course of this case to F, etc. and embezzled the amount of KRW 132 million out of KRW 264 million received from F, the Defendant arbitrarily used the screen shooting range business investment expenses of G Co., Ltd. (hereinafter “G”), the Defendant’s PC business investment expenses, etc. for the same temporary border.
2. Fraud;
A. A. On May 16, 2012, the Defendant made a false statement to the effect that “I” bank of “I” of the Defendant’s management located in Ha Government-si H around May 16, 2012, the Defendant paid back money to the victim by the end of December 2012, 201.”
However, due to the poor business performance, the Defendant borrowed 35 million won from J on July 14, 2014 at the time of the Defendant’s application for individual rehabilitation on or around November 2005, 40 million won borrowed from KB National Bank on or around December 201, 200, 24 million won in use of the KB National Card issued on or around April 200, and the KB National Card issued on or around March 201.