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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
1. On April 1, 201, the Defendant: (a) around April 1, 201, the Defendant agreed to operate the “C” restaurant on the B 1st floor of Gwanak-gu, Seoul Special Metropolitan City jointly with the victim D; (b) registered the business under the name of the victim D E; (c) invested the victim D money; and (d) visit and check the operating status of the restaurant at least on at least two and three occasions a month; and (c) the Defendant agreed to provide the cchill cooking technology and directly operate the restaurant to distribute the profits at the end of each month to five
According to the above joint business agreement, the victim D invested approximately KRW 140,00,00 for a restaurant deposit, premium, facility cost, etc. to directly manage the real estate contract and prepare a restaurant facility. The defendant was engaged in the actual restaurant management of the restaurant, such as the kitchen, ice, business, and accounting, after learning about two weeks of ccchill cooking technology from around April 15, 201.
However, around May 25, 201, the Defendant spent 647,000 won by arbitrarily transferring 647,00 won to the account in the F’s name to the account in the name of the Defendant or F for the payment of the installments for G 5 car that he/she purchased and used in the name of the Defendant or F without obtaining consent from the victim, in accordance with the aforementioned joint business agreement, at the above restaurant: (a) the new bank passbook in the name of E that collects funds necessary for the operation of the restaurant from the victim D; and (b) the credit card was opened for the victim D; and (c) the Defendant used 647,000 won for the personal purpose of paying the installments of the G 5 car under the name of the Defendant or F; and (d) from that time to February 23, 2013 as indicated in the attached list of crimes (1) in the foregoing method 42 times in total as above.
Accordingly, the defendant embezzled the victim's property on duty.
2. Around March 5, 2013, the Defendant committed fraud to the victim D at the “J” chickens located adjacent to the Imi-gu, Seocheon-gu, Seocheon-gu.