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

Punishment of the crime

The Defendant is the representative director of Sungnam-si, Sungnam-si, Inc. D, and the “E”, and the victim F is a person who operated the “H store” located in Suwon-si, Suwon-si, from December 2, 2015 to July 15, 2017, and the victim I is a person who operated the above restaurant from July 16, 2017.

The above victims and the victims shall operate the above restaurant, and the defendant entered into a contract for store investment and operation with the content that the victims shall pay the victims the settlement of accounts after deducting the expenses from the sales amount generated by the above restaurant, and keep the settlement money for the above restaurant for the victims.

1. On August 21, 2017, the Defendant received KRW 92,503,034 from J to the account of an enterprise bank in the name of “H store” from the J and embezzled KRW 57,191,087, which remains after deducting the total of KRW 35,311,947, such as material costs, rents, management costs, and royalties, etc., from the total amount of KRW 35,31,947, for the victims, during the course of business custody for the victims, the Defendant transferred the said money to the account in the name of the new bank in the name of the Defendant, and then embezzled the said money by arbitrarily consuming it in the employees’ benefits, personal liabilities, living expenses, etc. of the said corporation.

2. On October 20, 2017, the Defendant received KRW 57,015,761 from J to a corporate bank account in the name of “H store” and embezzled KRW 42,274,470, which remains after deducting KRW 14,741,291 in total, such as material costs, rents, management costs, and royalties from the said restaurant, from the transfer of the said money to a new bank account in the name of the Defendant for the victim I. At that time, the Defendant: (a) transferred the said money on the same day to a new bank account in the name of the Defendant; and (b) embezzled the said money by arbitrarily consuming it for employees, personal debts, and living expenses of the said corporation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement to I;

1. A copy of a bankbook, a fact-finding certificate, a repayment plan, a store investment and an operational plan;