Where one party appropriates his/her business property without the settlement of profits and losses between the partners, the method of calculating the amount of such embezzlement.

Article 355(1) of the Criminal Act

[Plaintiff-Appellant] Plaintiff 2000Do3013 decided Nov. 10, 2000 (Gong2001Sang, 87)

Defendant

Defendant

Law Firm Incheon Citizens, Attorneys Choi Ho-ho et al.

Incheon District Court Decision 2006No639 Decided November 9, 2006

The appeal is dismissed.

The grounds of appeal are examined.

If the settlement of profits and losses between partners was not made, a partner's person has no right to dispose of his/her business property belonging to the partnership of partners at his/her own discretion. Thus, if a partner's own partner has embezzled his/her business property at his/her own discretion during the custody of his/her business property, he/she shall be liable for the crime of embezzlement against the whole amount embezzled at his/her own discretion regardless of his/her share ratio (see Supreme Court Decision 2000Do3013, Nov.

Examining the record and the judgment of the court below in light of the above legal principles, the judgment of the court below which found the defendant guilty of embezzlement is just, and there is no error of law such as misunderstanding of legal principles as to embezzlement.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Young-ran (Presiding Justice)