A defendant shall be punished by imprisonment for six 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

On June 2016, the Defendant entered into a business agreement with the victim B and C to jointly operate the “C” Nitice Center. The Defendant and the victim, respectively, invested KRW 150 million in operating capital and KRW 80 million in operating capital, respectively. On a three-day basis, the above Eitice Center is operated and managed, and the profits earned from the operation of the Eitice Center are divided into 50% shares of each 50%.

At around that time, the Defendant operated and managed the above skin center in Jeju City D and I pursuant to the above business agreement with the victim, and there was a duty to operate and manage the above skin center with the care of a good manager for the victim, and to maintain the victim's share without arbitrarily disposing of it.

Nevertheless, around April 24, 2018, the Defendant transferred all of the facilities and rights of the said respondent’s center to G without the consent of the victim in violation of the above duties at “F” coffee shop located in Jeju, thereby transferring the entire facilities and rights of the said respondent center to G in violation of the above duties.

Therefore, it is insufficient to recognize the fact that the victim's share is 50% solely on the ground that the defendant acquired property benefits equivalent to KRW 140 million among the above transfer proceeds by deeming the victim's share as 50% in the indictment. However, it is difficult to recognize the fact that the defendant decided to distribute profits by 50% because there is no explicit contract, and there is no explicit contract.

Therefore, this part is corrected ex officio.

The victim acquired the financial benefits and suffered the same amount of damage.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes on witness B and H’s respective legal statements;

1. Relevant Article 355 (2) and (1) of the Criminal Act and Article 355 (1) of the Criminal Act, the choice of criminal facts;