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The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. The Defendant, as an operator of an E-cafeteria located in Asan City, was engaged in the operation of the restaurant and the duties of keeping and managing profits therefrom. On December 30, 2008, the Defendant agreed to operate the cafeteria and the above cafeteria and the victim’s business. The victim invested KRW 100,000,000 in addition to the provision of the cafeteria, and the Defendant agreed to take charge of the overall management and operation of the cafeteria in addition to investing KRW 100,000,000 in the cafeteria.
After that, the Defendant paid KRW 50,350,000, which is a part of the business property of G, such as the profits of the restaurant, while operating the said restaurant from February 11, 2009 to December 21, 2009 pursuant to the agreement of the said business, to repay the principal and interest of KRW 128,140,00 to G.
However, the above KRW 128,140,00 includes the defendant's personal obligation in addition to the restaurant loan, and the included amount is equivalent to the ratio of KRW 100,00,000 among the above KRW 128,140,000, which the defendant should bear. As such, the above KRW 39,292,960 among the above KRW 50,350,000 ( KRW 128,140,000 x 50,350,000) was consumed for the defendant's personal obligation, etc.
Ultimately, the Defendant, from February 11, 2009 to December 21, 2009, voluntarily consumed a total of KRW 39,292,960 on a total of 20 occasions as indicated in the annexed crime list, such as the Defendant’s personal debt repayment, etc., and embezzled it.
2. The following facts are acknowledged based on the evidence duly adopted and examined by this Court:
A. On December 30, 2008, the Defendant agreed to operate a restaurant with the name of F and E, “E” as a partnership business, and the Defendant is in charge of operating a restaurant in addition to investing KRW 100 million between F and F, and F provided a restaurant building, facility, and fixtures in addition to investing KRW 100 million, and the Defendant agreed to distribute profits at the rate of 45% and 55%.
B. In accordance with the agreement above, the Defendant received a restaurant building from F in Asan City D, but invested money.