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(영문) 서울중앙지방법원 2017.01.18 2016고단4633
횡령
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On June 2, 2016, the Defendant was sentenced to a suspended sentence of two years for the crime of forging private documents at the Seoul Central District Court on June 2, 2016, and the said judgment became final and conclusive on September 3, 2016.

The Defendant is a person engaged in collecting and selling art works under the trade name of “E” in Busan Shipping Daegu D Building 208.

From July 7, 2014 to July 30, 2014, the Defendant received a request from the victim F to G H (174-1791, size 49 x 28.1c) (production year, size 79.6 x 42.6 m) 1, K’s suspend board (production year, size 79.6 x 42.6 m) 1, K’s suspend board (production year, size 1876-1949, size 32 x 33 m) 1, L (production period, 20.15 x 4 x 8.8 m x 8.8 m) , M (manufacturing period, size 17.4 x x 9.2 m x 1.2 m) from the victim F.

A. On July 23, 2014, the Defendant sold the above H 1 points to O via a deceptive N around July 23, 2014.

B. On August 2, 2014, the Defendant sold the above point of K 1,500,000 won to a person who was not aware of his name at the P auction through the above N.

(c)

On August 5, 2014, the Defendant sold the above J 1 points to Q through the above N to Q for KRW 10 million.

(d)

On August 8, 2014, the Defendant sold the above M 1 point to the president of the art auction place with his nameless N around August 8, 2014.

E. Around August 11, 2014, the Defendant sold the said L 1 points to R via the above N at KRW 3 million.

The Defendant, as above, was kept for the said victim after deducting expenses, etc. from the total sales amount of KRW 34,50,000,000,000,000, which was then embezzled for personal use around that time.

Summary of Evidence

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Statement made to the police with F or N;

1. Investigation reports (Investigation into the selling price of ancient art works);

1. Five copies, appraisal certificate, and appraisal certificate of each commodity;

1. A detailed statement of deposit transactions;

1. Previous convictions in the judgment: A statement of inquiry, such as the defendant's legal statement and criminal history, a report on the result of confirmation of the previous convictions in the disposition, a copy of the judgment, and a copy of the decision.

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