A. On September 16, 2014, when misunderstanding of facts and misapprehension of legal principles, during the Joseon Dynasty sold to J on or around September 16, 2014, it was purchased as a hobby and kept for funeral purposes ten (10) years, and was sold for funeral purposes by the J’s active initiative. No later than that, the cultural heritage was sold.

Nevertheless, the court below found the Defendant guilty of the facts charged of this case. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 3 million) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below as to the assertion of misunderstanding of facts and legal principles, in particular, according to the defendant's statement, seizure protocol, and cultural heritage appraisal protocol at the police station of the defendant, the defendant, while operating the "I" located in Gwangju City H, he/she may recognize the fact that part of the goods he/she purchases or stores are cultural properties due to high cultural value, without obtaining permission, and can be recognized that the defendant is engaged in cultural properties trading business by selling them over several times from February 2, 2012 to January 26, 2015.

Therefore, this part of the defendant's argument is without merit.

B. As to the wrongful assertion of sentencing, the Defendant closed down the I, did not engage in the trade of cultural properties, and did not have any criminal record against the Defendant.

However, considering the legislative purport, etc. of the Cultural Heritage Protection Act, in order to inherit national culture and promote the cultural improvement of the people by preserving cultural heritage by engaging in the cultural heritage trade business without obtaining permission, the crime of this case is less complicated than those of the crime.

subsection (b) of this section.

In addition, the lower court’s determination is based on the following circumstances: (a) the Defendant’s age, sexual conduct, environment, motive, means and consequence of the commission of the crime; and (b) the circumstances after the commission of the crime; and (c) the sentencing conditions indicated in the previous theory.