A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

[criminal record] On December 8, 2017, the Defendant was sentenced to one year and two months of imprisonment for the crime of embezzlement, etc. at the Incheon District Court, and the above judgment became final and conclusive on December 16, 2017.

[Criminal facts] On February 2015, the Defendant entered into an agreement with C, D, etc. to run a gas station partnership business.

The main contents of C and D were to invest funds necessary for the operation of gas stations in 50% each, distribute profits at the end of each month according to the investment ratio, and to have the defendant entrusted by C and D manage gas stations.

C, etc. leased G gas stations located in F in Ansan-si on February 2, 2015 (hereinafter “H gas stations”) in the name of the Defendant for rent of KRW 150 million.

While the Defendant and E operated the above H gas station, the settlement has been made by submitting monthly settlement details to C, etc. to review the monthly settlement details and paying profits. However, since June 2016, it changed the method of settling daily accounts by which settlement is deferred, and the Defendant and C, etc. separately agreed to return the lease deposit to C, etc. when returning the lease deposit around the end of June 2016.

Pursuant to the results of examination of evidence (the 52,96,99 page), this sentence shall be added to the contents of the latter part of this sentence and shall be recognized as criminal facts.

For this reason, without consultation with C, the Defendant did not have the status of independently disposing of the above H H's lease claims, such as transferring the right to refund the deposit.

On the other hand, on December 2015, C taken over the J gas station located in Chungcheongnam-si I (hereinafter “K gas station”) at KRW 100 million, and operated the said K gas station through the Defendant and E.

On June 8, 2016, the Defendant: (a) around June 8, 2016, to M, a person in charge of the victim L Co., Ltd. (hereinafter “damage Co., Ltd.”) (hereinafter “victim Co., Ltd.”) who supplied the oil at the above K gas station and provided the oil no longer due to its failure to receive the payment of the oil, there is a deposit for H gas station lease.