A defendant shall be punished by imprisonment for six months.

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 June 2016, the Defendant entered into a partnership agreement with the victim F and the Navy C in which one half of the profits would be divided by jointly operating the victim F and the Navy C.

On November 22, 2016, the Defendant was in custody of approximately KRW 26,527,481, excluding production expenses, etc., from among the proceeds generated by selling marine seedlings cultivated at the above aquaculture around the end of November 2016, and requested around KRW 13,263,740, which is half of the proceeds from the damage, but rejected the return on December 13, 2016.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Each legal statement of witness F, G and H;

1. A protocol concerning the examination of suspect to the prosecution of some part of the defendant (including the F substitute part);

1. Application of Acts and subordinate statutes, such as the details of expenditure for the production of marine seedlings and account details;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 62-2 of the Criminal Code of the Social Service Order

1. The summary of the assertion was not that the Defendant entered into a partnership contract with F and the Navy Triju to divide the earnings into 5:5.

2. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by this court, the Defendant and F were in a partnership relationship with the same content as the facts charged.

Since the defendant and his defense counsel are recognized, they cannot be accepted.

A. Although the Defendant did not prepare a written contract with F, G prepared a labor contract with the content that G will take charge of technical guidance for the production of seeds and seedlings of tidal wave, G would pay (production) allowances not exceeding KRW 2,000,000 on a monthly basis, annual salary of up to KRW 40,000,000 on a basis of production performance, and KRW 1,000 on a basis of production performance.

The defendant has agreed to pay G 50% of its profits from sea ginseng farming.