A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

The Defendant of the 2018 Highest 1216 is a person who actually operates “B”, a Chinese restaurant.

On March 2017, the Defendant entered into a lease agreement to directly establish the “B” joint store for complex buildings G and H in Mapo-gu Seoul Metropolitan Government, Seoul, and the “A” office in the second floor, to E, the representative director of the victimized company.

Around May 12, 2017, a loan contract was concluded to receive KRW 45 million on the condition that, if the loan is not repaid, the right to operate the said store is transferred to a third party and the deposit is transferred to the injured company’s office at the time of default on the debt between the injured company and the injured company.

However, from May 12, 2017, the Defendant was unable to find an operator of the legal doctrine on the establishment of a “B” joint store until May 12, 2017, and accordingly, it was impossible to provide the Defendant with the right to operate the joint store as security.

In addition, one can rent a restaurant space with a total of KRW 71 million as a rent deposit. The defendant did not use the leased deposit or the cost of establishing a store for the establishment of a joint store from the injured party, but intended to use it for the payment of other obligations such as the payment of the employee's wages and the payment of the employee's accommodation fees.

Therefore, it was impossible to provide the rent deposit of the above Gohap as security because it could not exist.

In addition, the Defendant was unable to pay wages and retirement allowances to employees in relation to the operation of the Mapo headquarters and I store at the time, and the financial situation such as transferring “B” to another person around February 2017 has deteriorated, even if the said money is loaned.