A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On May 2015, the Defendant requested the Victim D to remove the house located on the land in the Nam-gu, Ulsan-gu, U.S. and construct the studio. The Defendant did not have any surplus funds. The Defendant received a proposal for the operation of the studio construction work with the content that the Defendant would perform the construction work, but the profit would be distributed to 6:4 (Defendant). From August 201 of the same year, the Defendant was the owner of the building, and the studio construction work was completed on February 2016 with the victim and the studio construction work.

On February 18, 2016, the Defendant received KRW 161 million in total from H, which purchased the above room construction cost related to the above room construction work from the Defendant in the name of the owner of the building in the name of the Defendant, in the process of performing construction work in accordance with the above business agreement, and embezzled KRW 100 million in exchange for the victim’s personal loan without settling accounts with the victim at around that time while the Defendant kept the above amount as an association property under the business agreement with the victim, and then embezzled KRW 100 million in return for the Defendant’s personal loan without settling accounts with the victim.

Summary of Evidence

1. Part of the defendant's legal statement;

1. Legal statement of the witness D;

1. A protocol concerning each prosecutor's office or the police interrogation of the accused;

1. The defendant and his defense counsel's detailed statement of each construction cost and his defense counsel's assertion asserted that since the amount to be settled between the defendant and the victim has not yet become final and conclusive, the defendant's act does not constitute an objective crime of embezzlement as well as the defendant's act does not constitute an intention of embezzlement or illegal acquisition.

However, since the business property belongs to the partnership of the partner, as long as the partnership exists, the partner has the right to dispose of the shares of the business property at his own discretion.