Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On August 27, 2010, the Defendant entered into a “D franchise agreement” with the victim that the amount equivalent to 40% of the gross sales profit of the following month is to be paid from the victim as the fee for entrusted operation if the Defendant received convenience stores, equipment, etc. from the victim and sold various goods after being supplied with convenience stores, equipment, etc. by the victim and wired the sales proceeds to the victim daily.

Accordingly, the Defendant received various goods from the victim after being entrusted with the operation of the F convenience store in Jeju city E from the above contract date, and sold them, and transferred the sales proceeds to the victim, and received entrusted operation fees from the victim and operated convenience store, the Defendant did not transfer KRW 26,571,680, which was part of the sales proceeds from October 2012 to May 2013, to the victim.

During the above period, the Defendant embezzled KRW 26,571,680 for the sake of the victim’s occupational custody.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G and H;

1. Statement of the police officer to I;

1. According to the franchise franchise agreement, the US remittance status, and the franchise settlement statement - the above evidence, the defendant entered into a convenience store franchise agreement with the victim, and as a result, "the defendant would sell the goods entrusted by the victim at a convenience store with the consent of the victim to use them, operate the convenience store, and in return, receive the entrusted operation fee from the victim. All assets such as the store goods permitted by the victim to use shall belong to the victim, and the defendant would be entitled to receive the entrusted operation fee calculated each month on the basis of gross sales (Articles 4, 24, and 45 of the franchise agreement). Thus, the defendant would be entitled to receive the entrusted operation fee calculated on the basis of the total sales amount once he remitted the daily sales to the victim.