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Defendant shall be punished by a fine of two million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
The Defendant is a person who operated the “A Art Institute” in Songpa-gu Seoul 503 from November 10, 2010 to November 9, 2012.
On November 201, the Defendant entered into a contract with the content that “A” restaurant located in Songpa-gu Seoul Metropolitan Government, which had previously been operated by the Defendant, had the victim E who had worked as a part-time seafarer, and had a good-time student, invested KRW 20,000 in a private teaching institute, and invested KRW 20,000 in a private teaching institute, and entered into a contract with the Defendant on November 27, 201, to use KRW 20,000,000 invested by the victim on the condition that the private teaching institute takes over the private teaching institute after one year, and to distribute the operating profit of the private teaching institute to 5:5 during the period of the business.”
On November 9, 2012, the Defendant terminated a partnership agreement with the victim. On November 9, 2012, the lessor received total of KRW 25,150,459, and KRW 28,150,459, which is a part of the deposit for commercial lease of the pertinent private teaching institute that is a business property, from the lessor on November 9, 2012, and stored for the victim without undergoing the settlement procedure with the victim. At around that time, the Defendant used KRW 24,650,459, excluding KRW 3,50,000,000, which is necessary for the settlement of the same business, such as the cost of removal, from among the said money, at the Seoul daily source without undergoing the settlement procedure with the victim.
As a result, the Defendant embezzled the property, which is the same business property.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement of E;
1. Application of Acts and subordinate statutes of the Commercial Building Lease Contract shall be made to a meeting of liquidity transactions (Evidence List No. 5), contracts (Evidence List No. 8), specifications of deposit transactions, notes of deposit transactions (Evidence List No. 11), and statutes;
1. Relevant Article 355 (1) of the Criminal Act and Article 355 (1) of the Criminal Act and the selection of fines for criminal facts;
1. Articles 70 and 69(2)1 of the former Criminal Act (amended by Act No. 12575, May 14, 2014).