A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

Around October 2011, the Defendant came to know of the Victim B and agreed to conduct a store business with the victim, and agreed that the basic funds should be borne by the victim and the funds management, such as the principal place operation and sales, should be borne by the defendant, and the profits except operating expenses, should be distributed in half.

Accordingly, from December 29, 201 to August 20, 2012, the Defendant operated ‘D' stores from around December 29, 2011 to around August 20, 2012, and 59,492,400 won was generated with earnings excluding various expenses, and thus, the Defendant kept 29,746,200 won equivalent to the victim’s share in business on behalf of the victim.

Nevertheless, the Defendant paid only KRW 5,00,000 to the victim, and embezzled the remainder of KRW 24,746,20 by arbitrarily consuming the Defendant’s personal insurance premium, repayment of debt, or purchase of cosmetics.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of Acts and subordinate statutes of one copy of the monthly sales status data, copy of sales slips, copy of notarial deed, and copy of account transaction statement;

1. Relevant Article 356 of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act (i.e., confession, reflectivity, and agreement with the victim) of the suspended sentence;