횡령
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Punishment of the crime
On April 22, 2011, the Defendant was sentenced to one year and six months of imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at Seoul High Court, and two years of suspended execution, which became final and conclusive on April 30, 201. On May 22, 2014, the Seoul High Court sentenced ten months of imprisonment with prison labor for fraud, and two years of suspended execution, which became final and conclusive on November 13, 2014.
(1)The defendant, as the representative director of D, is a person engaged in the sale, exhibition, etc. of art works, and the victim E is a actual representative of the F, who is engaged in the sale, auction, brokerage, etc. of art works, and the defendant and the victim have traded art works with each other.
Around December 3, 2010, the Defendant received from the victim one Cheongso-man's office in the (ju) D Office in the operation of the Defendant in Jongno-gu Seoul Metropolitan Government G located, and sold in KRW 200 million.
However, the defendant was also aware of the fact that the defendant was entrusted to the defendant by lending the victim not the art works owned by the victim but the victim from another person.
Nevertheless, without the consent of the victim, the defendant seems to have made a clerical error in writing as stated in the indictment on December 10, 2010, "No. 10, 2012."
In the Gyeongmato 2 Savings Bank, it provided a security at will and embezzled it.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness E and H;
1. Partial statement of a witness I;
1. A protocol of examination of part of the defendant by prosecution;
1. A protocol of partial police interrogation of the accused;
1. Each police statement of H and E;
1. Certificates of acquisition of works;
1. Four copies of the notification; and
1. Statement of assessment for the price of the hanok (Evidence 7-1);
1. A detailed statement of endorsement of indemnity insurance (proof of subparagraph 8);
1. Previous convictions in judgment: The application of Acts and subordinate statutes concerning criminal records and investigation reports;
1. The point of embezzlement and imprisonment with prison labor under Article 355(1) of the Criminal Act, which are applicable to the relevant criminal facts and the selection of punishment;