A defendant shall be punished by imprisonment for two years.

Punishment of the crime

From January 13, 2010, the Defendant operated “F” restaurant in Jung-gu Seoul Metropolitan Government E as a partnership with C and the victim D, and around April 3, 2010, G acquired the said C’s shares, thereby running the said restaurant as a partnership with G and the victim around that time.

In accordance with the above business agreement, the defendant kept the sales fund of the restaurant and disbursed various expenses to the account held in the defendant's name. On the other hand, the defendant settled monthly profits and paid 1/3 to the members.

[Embezzlement 53,167,00 won from the above restaurant sales revenue of KRW 33,256,530, excluding various expenses, at the end of January 2010, the Defendant spent 19,910,470 won without settling accounts with the victim during occupational storage, and embezzled 27,070,000 won from around that time until March 10, 2014 in total, as indicated in the list of crimes in the attached Table of the crime in the attached Table, and embezzled 336,458,982 won from around that time to around March 10, 2014, the Defendant paid 27,070,000 won to the victim and embezzled 309,38,982 won for personal debt repayment, etc. without settling with the victim during occupational storage.

[Embezzlement 1] On March 11, 2014, the Defendant embezzled 103,328,200 won, excluding 61,671,800 won among the total amount of deposit and premium paid by transferring the above restaurant to H on or around March 11, 201, excluding the total amount of 165,00,000 won for all expenses related to the above restaurant, by arbitrarily consuming 103,328,200 won for personal debt repayment, etc. without settling with the victim during his/her duties.

As a result, the Defendant embezzled the sum of KRW 412,717,182 in the course of occupational custody.

Summary of Evidence

1. Partial statement of the defendant;

1. Statements made by each witness D in the second public trial records and the five public trial records;

1. Some statements concerning the suspect examination protocol concerning the accused and G by the prosecution;

1. Part of the statement concerning the suspect examination protocol of each police officer against the defendant and G (including the part concerning the examination of the suspect);

1. Statement made by the prosecution with regard to D;

1. A complaint;