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(영문) 대구지방법원 상주지원 2019.01.29 2017고단543

횡령

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 23, 2015, the Defendant, at the victim C’s office located in Gwanak-gu in Seoul Special Metropolitan City on July 23, 2015, agreed to lease and sell art works worth KRW 354 million in total, such as “EF,” which is owned by the victim, to display them to a “D” exhibition held in China and Germany, and entered into an agreement to pay the cost of the art works sold to the victim or return the art works not sold at that time.

On October 1, 2015, the Defendant held an exhibition at G Art Gallery and sold “H (I)” among the above art works to 5,000, and on November 15, 2015, when the exhibition was terminated on November 15, 2015, the Defendant stated the following as follows: (a) KRW 3 million to be paid to the victim out of the sales proceeds and KRW 46 of the remainder of the art works to be paid to the victim for the purpose of recovering expenses incurred in holding the exhibition and holding any additional exhibition not agreed with the victim in the future; and (b) these parts of the indictment are written as “48 points.”

However, after the examination of the victim, the prosecutor corrected the number of the victim's art products from the first 49 to the second 47 point (the third part above the facts of the crime). If so, 48 points of the last part are considered to be the simple 46 points, the prosecutor must make the correction ex officio 46 points.

The victim refused the victim's request for return to him/her without good cause and embezzled it.

Summary of Evidence

1. C’s legal statement;

1. C’s statement of the police officer’s statement, and the second police officer’s interrogation protocol against the defendant

1. Protocol of compromise;

1. A detailed statement of lease of works, each J dialogue, data on transmission and reception of e-mails, content certification, G exhibition site photographs, related data, copies of the rental contract, and materials for reports on art art in China;

1. Determination of each investigation report (Evidence List No. 27 and 28) and defense counsel's assertion

1. The summary of the claim.