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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[2015 Highest 952] On July 21, 2014, the Defendant: (a) concluded a franchise agreement with a victim G who wishes to establish a “F” DNA franchise at the office of the Jung-gu Seoul Special Metropolitan City (hereinafter “F”); (b) concluded a franchise agreement with the victim of the E (hereinafter “H”); and (c) entered into a tethical construction contract with the Plaintiff operating the tethical company with the trade name of “H”); and (d) entered into a franchise agreement with the Plaintiff to establish a franchise store including the tethical construction cost to be paid to the I from the damaged damage to the I; (b) received KRW 136,752,00 from the Han Bank account (J) on September 17, 2014; and (c) received KRW 74,31,400 from the same account as the same account on September 17, 2014 to keep the victim of KRW 210,340,00.

From August 21, 2014 to September 2014, Defendant 1 used KRW 193,122,930 to I as the interior cost and the collection cost, etc., and used KRW 17,960,470 in difference around that time to transfer from Daegu District Court to the K personnel expenses, etc. the Defendant himself/herself employed.

Accordingly, the defendant embezzled the victim's property.

[2] From July 15, 2014 to September 23, 2014, the Defendant, as the head of the business division of the Jung-gu Seoul Special Metropolitan City E Co., Ltd. (hereinafter “E”) affiliated with D (hereinafter “E”), engaged in the business affairs, such as collecting “F” dif carpets, entering into a franchise agreement with affiliated stores, and managing affiliated stores.

1. On July 24, 2014, the Defendant entered into a franchise agreement with the victim M/ who intends to operate the F’s inside of “F” on the second floor during Gyeyang-gu L and the second floor during the period of Ansan-si on July 24, 2014, and the victim should pay the victim KRW 10 million under the name of the franchisee to E in order to conclude the franchise agreement.

“.........”

However, in fact, since N, the head of E headquarters, ordered the defendant to exempt the franchisee from the franchise expenses, there was no obligation for the victim to pay the franchisee expenses.

The defendant shall belong to the injured party.