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Defendant
A shall be punished by imprisonment with prison labor for four months and by imprisonment for six months.
Reasons
Punishment of the crime
Defendant
A is a person who operates Franc, and Defendant B is a person engaged in the sale of art works.
Defendant
B, by borrowing a million won from G, offered a total of 8 points, including 2 points of H works (the name of works: I, J, hereinafter referred to as “original works”) as collateral.
Defendant A proposed on October 2014 to sell 8 points of the said K’s work to the firstman of the early 2014, and received his consent. At that time, Defendant A received eight points of the said K’s work from G.
Accordingly, around October 15, 2014, the Defendants decided to sell the instant K works for KRW 30 million to the victim at a gallon neighboring coffee shop in Ansan-si, a total of KRW 80 million. On October 17, 2014, the Defendants received KRW 30 million from the victim’s agricultural bank account (N) in the Defendant’s name. Defendant B paid KRW 20 million out of the above KRW 30 million to Defendant A for a debt repayment, and used KRW 10 million as a living expense, and on the other hand, did not notify G of the sale of the forest.
After that, from October 2014, Defendant A received a demand from G to return if he was the same as that he could not sell the forest works, Defendant A collected the forest as if he could sell the forest works at a higher price, with concerns over the fact that the sale proceeds of the forest of this case was used individually, Defendant A collected the forest as if he could sell it at a higher price.
Pursuant to the above programme, around October 31, 2014, the Defendants concluded that “the two points of H works (the name of works: I and J) are sold to the victims in the amount of KRW 65 million, as the victims wish to purchase the two points of H works (the name of works: I and J).”
However, in fact, the defendants were aimed at returning this case to G, and theO was not the defendants but the persons in the negotiation process, and the O entered into a sales contract.