A defendant shall be punished by imprisonment for one year.

Punishment of the crime

The Defendant is a person who operates Dgallon.

From around 2009, the Defendant entrusted the sale of paintingsed works from the victim E, the Defendant sold them to the victim E, and entered into a contract with the victim E to distribute the proceeds of the sale to 50 to 50 to 50, and was in charge of the sales and distribution of the proceeds of the works.

On September 2010, the Defendant, at the “Dggallon” located in Busan Shipping Daegu, sold 1.8 million won in a victim E’s regrative work (i.e., unwritten G, material size of 25, 100,000 won per unit) at the Ggallon of the Convention Center in Gwangju-gu, Seo-gu, Busan, upon request of the injured party E to commission, sold 30,000 won in the victim E’s name unexplic work (i.e., material name G, material size of 25, 250,000 won per unit) and embezzled 9,000 won out of the price to the victim for personal use, such as the Defendant’s gallon operating expenses, living expenses, etc., around that time, and then from September 2014 through September 1, 2014 by using the aforementioned method as indicated in the list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols of examination of witnesses E;

1. A list of the source for confirmation of the collection of gallon works, the amount not paid, and works not recovered;

1. Details of deposit transactions and application of the original Acts and subordinate statutes to confirm the collection of works of the Art Bank;

1. Articles 356 and 355 (1) of the Criminal Act, and the selection of a punishment by imprisonment, inclusive, with prison labor under Article 356 and 355 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] 2 types (10 million won or more to less than 500 million won) (1 to 3 years) of the basic area (1 to 3 years) of the suspended sentence [the victim E has submitted an agreement to the effect that he does not want punishment against the defendant. However, the document is prepared by having the victim E preferentially repaid only 15 million won out of the amount of damage and receiving the remainder of damage preferentially.