A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

The Defendant, from May 1, 2013 to October 31 of the same year, operated a manufacturing business chain "C" as the victim D and joint business operators on the condition that half of profits will be divided, etc., and the Defendant mainly takes charge of the affairs related to production, such as production, quality control, etc., and the victim mainly takes charge of the business, customer management, and fund management.

Around August 14, 2013, the Defendant received 2,883,350 won from the business entity’s bank account (F) in the above “C” office located in Sinsi-si, Sinsi-si, E, and embezzled profits from the business for the victim by using it voluntarily for personal purposes at the time of the business for the victim, and then, from that time until December 30, 2013, the Defendant used 15,431,882 won in total as the transaction price from the business entity, such as Sinsi-gu, in the same manner as indicated in the attached crime list, for five times from December 30, 2013, and embezzled the profits from the business for the victim by using it for a personal discretionary purpose around that time.

Summary of Evidence

1. Partial statement of the defendant;

1. D's legal statement;

1. An investigation report (a statement on the excursion ship of the G representative H), an investigation report (a statement on transactions of passbooks in the company account);

1. A partnership business contract and a joint business termination contract;

1. A remittance certificate, a deposit certificate, and a detailed statement of passbook transaction in the suspect's name;

1. Determination as to the recorded defendant and defense counsel's assertion

1. The assertion;

A. The Defendant did not have any intention to embezzlement the amount set forth in [Attachment 1] No. 1 and 2 of the List of Offenses.

B. The victim, first of all, embezzled 16 million won out of C’s revenues, and the Defendant also arbitrarily uses the money listed in [Attachment Table Nos. 3 and 5]. Thus, the Defendant did not have the intention of embezzlement.

C. The amount stated in the attached list No. 4 is the Defendant’s revenue since it is the Defendant’s revenue after the completion of the instant trade agreement.