A defendant shall be punished by imprisonment for three years.

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

Punishment of the crime

On December 15, 2010, the Defendant was sentenced to a suspended sentence of one year and six months for embezzlement at the Seoul Central District Court on December 15, 201, and the above judgment was finalized on December 22, 201. On February 14, 2013, the Seoul Central District Court sentenced four years to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) at the Seoul Central District Court on October 31, 2013, which became final and conclusive on October 31, 2013, and on October 16, 2014, the above judgment became final and conclusive on October 24, 2014.

Criminal facts

The Defendant is a person who has operated a gallon of “C” on the first floor of Jongno-gu Seoul Metropolitan Government B building.

When the defendant was aware of the victim F through E, who works in D, a art auction company, and knew of the victim F through introduction, the defendant made a false statement to the victim on July 2009, stating, "A person who is entitled to purchase Chinese writers's works. If the picture is paid, the defendant may sell it within one week and pay KRW 50 million to the victim."

However, at that time, the Defendant had been demanded from G to offer another art product as a security or immediately repay the loan of KRW 295 million in lieu of the art product that the Defendant offered as a security from G (the State) and thus, the Defendant was given a demand from the victim to offer the picture as a security to G (the State) and there was no intention or ability to sell the picture normally.

Around August 4, 2009, the Defendant: (a) by deceiving the victim as such; (b) obtained three copies of H’s work (the name of the work: I, size 59 x 59 mm); (c) works in 2001 by J (the name of the work: K, size 200 x 154 mm); and (c) works in 2007 of L (the name of the work: M, size 70 x 200 mm) in total amount of KRW 50 million in market value, including L’s work (the name of the work: M, size 70 x 200 mm).

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement made to the prosecution by the N;

1. The police statement concerning F;

1. Statement of performance of obligations and agreements;

1. The work, a note of payment;