The sentence against the accused shall be determined by a fine of KRW 1,00,000.

When the defendant does not pay the above fine.

Punishment of the crime

The Defendant established a partnership with C by setting 50% of the shares, and operated a restaurant called “E” in Seocho-gu Seoul Metropolitan Government D (hereinafter “instant restaurant”) from December 1, 201 to October 31, 201, the Defendant engaged in the management of the instant restaurant business, sales, etc.

The Defendant, around January 5, 201, deposited in the new bank account (F; hereinafter “instant public fund account”) and embezzled KRW 1,232,300,00 for personal purposes, such as self-payment, etc., from the location of Songpa-gu, Seoul, the Defendant’s bank voluntarily consumed and embezzled KRW 6,342,30,00 for 11 times from the location of Seoul, etc. to July 25, 201, as indicated in the separate crime list, as shown above, from the day of Seoul, etc. to the day of July 25, 2011. From December 1, 2010 to October 31, 2011, the Defendant deposited the total of KRW 7,327,380, among the sales earned from the restaurant of this case, and embezzled the cash sales amount for personal purposes without paying it to the public fund of this case or without consuming it with the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and G;

1. Application of the head of a complaint, a partnership contract, a sales contract, a purchase/sale account, details of passbook transactions (inception No. 28 of investigation records), electronic data on POS sales, and a certificate under statutes;

1. Relevant Article 356 of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act and the choice of fines concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Grounds for conviction under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Defendant and his defense counsel’s assertion

A. As to KRW 6,342,300, which voluntarily consumed and embezzled, the Defendant operated a restaurant in the name of “H Yangcheon Store” (hereinafter “H”) at the same place before the Defendant operated the instant restaurant.