Text
Defendant shall be punished by a fine of KRW 1,000,000.
If the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant and the victim C are the 1/2 equity shares of the E funeral hall in the first floor of the D underground in Silung-si, and people who jointly operate the funeral hall.
Although the Defendant did not complete the agreement on distribution of profits with the victim, he did not hold half of the profits as dividends, the Defendant stolen it under the pretext of profit dividends without the victim’s permission, within the funeral hall around May 19, 2016, within the funeral hall, and around 11:30 on May 19, 2016.
Summary of Evidence
1. Each legal statement of the witness C and F;
1. Application of Acts and subordinate statutes to the defendant's written statement concerning the interrogation of suspect to the prosecution (including the written statement in C)
1. Relevant Article 329 of the Criminal Act concerning a crime. Article 329 (Selection of Penalty)
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The defendant guilty of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order stated that he first brought the above money to the investigative agency under consultation with G, a shareholder, but the victim refuses to pay dividends, following that the victim would bring the dividend to the victim.
After the statement, the victim stated that he would bring the above money to F, who is the head of the funeral hall, in the situation where he was in the office, as a dividend, and that the defendant did not have any intention to commit the crime of this case since this court made an implied objection to the dividend.
According to evidence, prior to the crime of this case, the defendant and the victim are able to recognize the fact that the defendant or the victim carried out the business of distributing dividends, etc. under mutual agreement, even though the defendant is a 1/2 equity right holder and was involved in the business of the funeral hall, since he does not have a majority right holder or a majority equity right holder, he cannot hold the above money without the consent of another business executor or a equity right holder