A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

[Criminal Records] On September 14, 2017, the Defendant was sentenced to ten months of imprisonment with labor for a violation of the Narcotics Control Act at the Incheon District Court, and the said judgment became final and conclusive on March 9, 2018.

[Criminal facts]

1. On September 30, 2016, the Defendant concluded a partnership agreement with the victim B to jointly operate the trade name “C” with the victim B.

The main contents of the partnership business contract are as follows: "The victim shall invest 100 million won equivalent to the rent deposit of the building, and the defendant shall bear the expenses to be entered the open port, such as the interior of the interior and facility, and shall have the share of 50% per each person.

After the commencement of the business, the revenue is jointly managed, but the distribution of the profit is paid to the defendant at the end of each month.

In accordance with these contract terms, the above main points were opened, and the business account was opened in the name of the defendant's wife D and the defendant was in charge of managing the revenue and expenditure of the main points.

On November 28, 2016, the Defendant transferred KRW 250,000 to the front wife of the Defendant, among the main points that he kept in the said business account at around Eunpyeong-gu Seoul E around November 28, 2016, from among the main points that he kept in the said business account.

From around that time to April 10, 2017, the Defendant embezzled total of KRW 27,107,40 on 24 occasions, as shown in the list of offenses, among the main revenues in the business entity account, the Defendant arbitrarily consumed and embezzled total of KRW 27,107,40.

2. On September 30, 2016, the Defendant made a false statement with the purport that “The Defendant would promptly transfer the leased deposit after the lease contract (hereinafter “the instant lease deposit return claim”) to the victim B by investing the leased deposit in the main place in Eunpyeong-gu Seoul E, and thereby guarantee the recovery of the investment, and pay 50% of the profits.”

However, the defendant tried to borrow money from the liquor business as security for the above lease deposit repayment claim.