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

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

From August 3, 2009, the Defendant has been engaged in the overall management of the operation of the “E regularly fixed restaurant” located in D from around August 3, 2009 with the victim C and one other.

The Defendant decided to transfer 80 million won to F due to the difficulty in operating the above static point. The Defendant, upon receiving from F the sum of KRW 40 million around October 17, 201, the sum of KRW 40 million around October 31, 201, and KRW 80 million around October 31, 201, and embezzled the amount equivalent to the victim’s share during his/her business custody for the victim, who requested the return of KRW 20 million for the victim’s business without justifiable grounds.

The prosecutor indicted the Defendant’s embezzlement of KRW 27 million, which is equivalent to the victim’s share, among the above KRW 80 million, on behalf of the victim. However, according to the records, it is recognized that the victim knew that the Defendant received KRW 80 million from F and demanded the Defendant to change only KRW 20 million. Thus, the Defendant’s embezzlement amount of KRW 20 million should be recognized.

Summary of Evidence

1. Partial statement of the defendant;

1. Determination as to the defendant and defense counsel's respective legal statements of the witness C and F

1. The gist of the claim is that the victim had already waived his/her business share in around February 201, 201, which was before the Defendant transferred the fixed point to F, to F, while he/she has already retired from the operation of the fixed point.

Therefore, it is difficult to view that the defendant was in the position of keeping the victim's money equivalent to the ratio of the victim's business share among the transfer proceeds of refined land.

2. According to the records, the following facts can be acknowledged:

Defendant, victim, G, F, and H operate a refined restaurant business in the same business and divide profits according to the amount of investment. The Defendant, G, and F invest each of 60 million won by the Defendant, G, and H, the victim’s KRW 30 million, the victim’s KRW 30 million, and H from September 2007 to September 30, 200. E.