A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On February 1, 2015, the Defendant entered into a partnership agreement with the victim E on the operation of the Franice Center D located in Seongdong-gu Seoul underground 1st, Seongdong-gu Seoul, with the Defendant: (a) on February 1, 2015, the Defendant: (b) made a verbal agreement with the Defendant to the effect that “An existing obligation to D is liable to the Defendant; (c) the Defendant and the victim shall have 50% equity; and (d) the sales shall be deposited into the Agricultural Cooperative and Enterprise Bank account in the name of the Defendant, and the proceeds shall have been divided by division after the settlement with the victim.” (c) written a partnership agreement on February 2

1. From February 2, 2015 to June 15, 2015, the Defendant embezzled the victim’s property by arbitrarily using KRW 51,198,122, in the name of interest on loans, existing D arrears management expenses, public charges, personal living expenses, etc., as shown in the list of crimes, while the Defendant received D’s income from around February 2, 201 to the Agricultural Cooperative and Enterprise Bank account in the name of the Defendant and used the remaining profits for necessary expenses, etc. for the sake of the victim.

2. The Defendant: (a) was discovered in the course of using the proceeds as above in the victim’s future; (b) terminated a partnership agreement with the victim on August 17, 2015; and (c) transferred all the Defendant’s 50% equity interest in the Defendant’s D to the victim; (b) however, some D incomes were deposited into the agricultural bank account in the name of the Defendant under the name of the Defendant, and the Defendant was obligated to return the said proceeds to the victim.

Nevertheless, the Defendant, who was kept in custody for the victim, did not return the said D income to the victim, and embezzled by using the sum of KRW 21,235,424, as shown in the Three Table of Crimes, from August 18, 2015 to February 1, 2016, without returning it to the victim.

Summary of Evidence

1. The defendant's legal statement (as at the third public trial date);

1. Legal statement of witness E;

1. A protocol concerning the interrogation of the accused by the prosecution (including the E statement part);

1. A criminal investigation report (Correction of the details of embezzlement);

1. A contract for the cancellation of a joint project, a summary of the same industry, and a statement of account under each suspect's name; and