1. The defendant shall be punished by imprisonment with prison labor for four months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On March 2012, the Defendant entered into a business partnership agreement with the victim D, E, F, and G to jointly operate the adult amusement room (hereinafter “instant business partnership agreement”), and operated the adult amusement room in Gwangju-gu H and I with the amount of KRW 149 million (a percentage of shares of the Defendant and the victims is equal regardless of the amount of investment) when the victim G invests in each amount of KRW 34 million,000,000,000 in total.

On May 2012, the Defendant continued to organize a adult entertainment room, which had been operated as the joint investment, and thereafter, had the amusement equipment used in the said entertainment room, and operated another adult entertainment room for another adult entertainment room in the GwangjuJ. On November 201, 2012, the Defendant continued to completely arrange the entertainment business related to the entertainment room while closing the business and selling the entire entertainment equipment (hereinafter “instant entertainment”).

Thus, the defendant was obligated to settle the amount corresponding to the portion of the victims' share while keeping the remaining business property until the business relationship is organized and the remaining business property is fully liquidated.

Nevertheless, the Defendant, from November 2012, in violation of the above duty, kept approximately KRW 25 million of the proceeds from the sale of entertainment machines (hereinafter “the proceeds from the sale of this case”) and KRW 10 million of the lease deposit of the entertainment room of this case that received the return (hereinafter “the lease deposit of this case”), and held the amount equivalent to KRW 35 million of the lease deposit of this case (hereinafter “the lease deposit of this case”), the Defendant refused to return the amount with the intent of unlawful acquisition and embezzled it for personal use, even though he was demanded by the victims to demand the return of the amount equivalent to his share.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, F, and E;

1. Some statements made by the defendant or D concerning the suspect examination protocol of the prosecution;

1. Prosecutions of E, F, and D.