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

Punishment of the crime

From April 2007 to April 2007, the Defendant leased 14 sectioned stores and operated E-art from the first floor of Cju Complex Building with the trade name of Seongdong-gu Seoul Metropolitan Government shopping complex and the E-Maart in Gwangju City.

On June 10, 2011, the Defendant leased the fixed copon part to the victim G with a deposit of KRW 200 million, the lease period from August 27, 2011 to August 26, 2013, and had the customer calculates the sales of the fixed copon in the name of “Em” once, and had the victim operate the fixed copon business by paying the remainder, excluding the fee of KRW 8%, and renewed the said contract on the same condition as August 2013.

The Defendant received KRW 52,407,080 from customers to December 27, 2013, which occurred from December 2, 2013, and kept KRW 48,214,514, excluding KRW 48,192,566, which is 8% fee, for the victim, while the Defendant received KRW 52,40,07,00 from the customer, and used it at will as the customer price of the Defendant’s goods.

Accordingly, the Defendant embezzled 48,214,514 won of the victim.

The Defendant from April 2007 to April 3, 2007, operated e-mail in Gwangju City from April 2012 to April 201, received grain supply from the victim Ildong Co., Ltd.

The defendant, while running the business as such, was at the request of H, who had been running the business in the same shopping district, and the decision of provisional injunction was made on September 11, 2013 and it was unclear when the defendant would be able to run the business at any time. While the defendant had a debt of KRW 500 million at the time, the property did not reach that amount, even if being supplied by the victim, there was no intention or ability to pay the price even if being supplied by the victim.

Nevertheless, the Defendant.