Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

Around October 21, 2011, the Defendant operated the health club C 201 (D 201) as a partner E with the victim, and when the victim moves to China around January 2012, the Defendant, while operating the above health club, was unable to repay the money borrowed from F on or around March 2013, while the Defendant was unable to sell the said health club to G without the consent of the victim, and embezzled it by selling the said health club at KRW 47 million without the consent of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and G;

1. A protocol concerning the examination of the accused by the prosecution (including substitution of the suspect);

1. Statement of each police statement concerning E and G;

1. Application of Acts and subordinate statutes concerning a joint contract for rights, a commercial lease contract, a full certificate of registered matters, a protocol of provisional auction for corporeal movables, a list of auction, and a real

1. Relevant Article 355 (1) of the Criminal Act concerning facts constituting an offense and Article 355 (1) of the Criminal Act selecting a penalty;

1. Determination as to the Defendant and the defense counsel’s assertion under Articles 70(1) and 69(2) of the Criminal Act for the confinement of a workhouse

1. As to the assertion of anonymous association, the defendant and his defense counsel asserted that since the victim E is a type of partnership business contract in which only money is invested and it is not involved in the operation of the club, this constitutes an anonymous association and thus, the defendant has no status as a custodian for

However, in full view of each evidence in the holding, the following circumstances are as follows: (a) the lease agreement of a health club is concluded in the name of the victim E; (b) the joint agreement between the defendant and the victim stating the content of the agreement between the defendant and the victim stipulates only the matters concerning profit distribution; and (c) there is no provision that excludes the opening of management by the victim who is an anonymous association; and (d) the defendant who has the health club operation is mainly in charge of the operation, but the victim is also the victim.