Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

1. On August 1, 2012, the Defendant: (a) committed occupational breach of trust due to non-payment of cash sales funds; (b) entrusted the management of the D convenience store (Gu E; hereinafter referred to as “D convenience store”) located in Nam-gu, Seoul (hereinafter referred to as “D convenience store”) in the name of the victim; (c) upon payment of the proceeds from the head office, the amount of KRW 1.7 million out of the amount shall be paid to the victim every month; (d) the Defendant shall have the remainder; and (e) the expenses, including the cost of operating convenience store (hereinafter referred to as “the cost of operating convenience store”) shall be paid from the proceeds distributed by the Defendant.

Therefore, when cash sales occur pursuant to the above agreement, the Defendant deposited it to the headquarters every day, and did not divert it for the purpose of operating convenience stores, and there was a duty to operate and manage convenience stores so that the net profit paid at the above headquarters is reduced or the security deposit deposited by the victim in the above headquarters is not lowered.

Notwithstanding the aforementioned duties, the Defendant, from August 1, 2012 to October 31, 2013, diverted the cash sales amount generated from the above D convenience store F to the convenience store operating expenses, living expenses, etc. to be borne by himself/herself, instead of paying the cash sales amount from the above D convenience store F at the time of raising the said D convenience store operation expenses, etc. As of October 31, 2013, the Defendant, as of October 31, 2013, deducted the amount of KRW 10,231,230 from the deposit deposited by the victim to the headquarters of D convenience store.

As a result, the Defendant violated the above occupational duties, thereby gaining pecuniary advantage equivalent to KRW 10,231,230, and suffered pecuniary loss equivalent to the same amount from the above victim.

2. On July 22, 2013, the Defendant in breach of trust due to a failure to pay a gift certificate sales amount, filed an application for ten copies of KRW 10,000,000 at the headquarters of the D convenience store F via an electronic device at the D convenience store, and received 10,000,000 won at the market price from that time.