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 September 19, 2006, the Defendant leased C clubs located in Mapo-gu Seoul Metropolitan Government with D and the victim E to operate them as a partnership business in the name of D and entered into a partnership agreement with Defendant 40%, D40%, and victim 20%, and the head of the partnership agreement with the Defendant to assist the Defendant to manage the club smoothly.

According to the above business agreement, when selling a place of business, it shall be traded by mutual agreement among investors, and since the victim agreed that 20% of the total purchase price should be received, the above C's share shall not be transferred at will to a third party, and even if sold by mutual agreement with the victim, there is a duty to deliver 20% of the purchase price, which is the share, to the victim, even if sold by mutual agreement with the victim, it violates the business duty to protect the property of the other partner without the consent of the victim who is the partner in Mapo-gu Seoul Metropolitan Government on November 10, 201, and then H violates the duty to protect the property of the other partner, thereby having H deliver 50 million won from the above C's place of business to D, i.e., by concluding a contract to transfer the entire place of business to H on November 19, 201.

As a result, the defendant had the above D obtain pecuniary benefits equivalent to 16 million won equivalent to 20% of the victim's share in the above 80 million won and suffered economic damages equivalent to the same amount from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement of E;

1. Application of the Acts and subordinate statutes of the same contract;

1. Articles 356 and 355 (2) of the Criminal Act applicable to the crimes;

1. The confession of a criminal defendant under Article 62(1) of the Criminal Act, the fact that the criminal defendant has no criminal record of suspended execution or more;