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Defendant
A shall be punished by a fine of KRW 1,000,000.
Defendant
If A does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
Defendant
A entered into a contract with the victim B on the business of the “H” restaurant located in Pyeongtaek-si G on February 2013, and the Defendant agreed to be in charge of its operation and the victim agreed to invest the funds for the operation of the restaurant.
In addition, since the Defendant used the victim’s bank account in the name of the victim for revenues and expenditures related to the restaurant operation and deducted 70% of the profits from the monthly sales deposited in the above account, the Defendant and the victim received 30% of the profits, respectively, among the victims, the Defendant had a duty to settle the business profits and distribute them.
The Defendant consumed 350,000 won out of the 51st day of Pyeongtaek-si department store as the purchase price for personal use, while keeping the operating funds and sales of the above restaurant deposited in the above account for the victim in the course of business.
From around that time to May 13, 2013, the Defendant consumed the total amount of KRW 2,795,000 of operational funds and sales kept for the victim by the same method six times in total, as shown in the attached crime sight table, including the period from around that time to May 13, 2013.
Accordingly, the defendant embezzled the property of the victim while on duty.
Summary of Evidence
1. Witness B;
1. Statement made by the witness I in the fifth public trial records;
1. Statement of the protocol concerning the interrogation of the accused by the prosecution;
1. Application of Acts and subordinate statutes to inquiry about deposit transactions;
1. Relevant legal provisions on criminal facts and Articles 356 and 355(1) of the Criminal Act’s choice of punishment (a comprehensive determination of fines) (the defense counsel constitutes an undisclosed association under the Commercial Act where the victim, who is an undisclosed partner, is an undisclosed association under the victim’s Commercial Act that invests in the Defendant, who is an undisclosed partner, and thus, the amount of operating profit is the Defendant’s property and does not constitute embezzlement even if it
The argument is asserted.
However, based on the above evidence.