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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
On May 6, 2013, when taking over Eart, which is owned by the injured party C from Asan City, the Defendant agreed to operate Eart as a partnership business until he/she receives the above sales amount, on condition that he/she takes over the injured party’s marina debts of KRW 225 million, KRW 35 million, and KRW 20 million on June 15, 2013, and KRW 15 million on July 15, 2013.
On May 28, 2013, the Defendant received the sales revenue of the said marina from the Defendant’s card to the account in the name of F, and kept the amount of 2,1550,000 won for the victim as a partner deposit, and used at will five million won for personal debt repayment, and used at will five million won for the same name even around May 29, 2013.
Accordingly, the Defendant embezzled 10 million won in total over twice.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statements by witnesses C and G;
1. The Defendant denies the instant criminal facts premised on the premise that the agreement with C and G is not a partnership agreement but a contract with C and G for the transfer of marina, and that the Defendant actually paid to C in excess of the amount that the Defendant would actually pay to C, as the agreement with C and G was made for the transfer of marina, the agreement on the transfer of marina, the agreement on the lease of marina assets and liabilities, the settlement statement, the settlement statement, the E-art credit card settlement statement, the business comprehensive transfer contract, the business transfer contract, the entire registered matters to be registered (including the horses).
According to the evidence duly adopted and duly examined by a member of a party, ① written agreement on the transfer of Maart between the Defendant, C, and G 3 on May 6, 2013, 2013, on the condition that C receives KRW 35 million from the acquisition of Maart from the Defendant to the Defendant (20 million, up to June 15, 2013, and up to July 15, 2013), and that C would transfer all rights of Maart (up to July 15, 2013), and that the agreement on the transfer of Maart between the Defendant, C, and G 3 was made. ② The key part of that agreement is the agreement.