2014 Highest 1839 Fraudulent

A person shall be appointed.

Gyeong-il (Institution of Prosecution) and Kim Jong-chul (Trial)

Attorney Lee In-hee (Korean National Assembly Line)

October 31, 2014

A defendant shall be punished by imprisonment for one year.

Criminal facts

From the mid-1960s to the mid-2011, the Defendant engaged in the sales of old and high art works in the trade name of * * Dong-gu,* * Tranc,* * Gallon, and from May 2012, the Defendant is a person who trades high art works, dies, etc. ** in the Dong-gu, Daejeon.

피고인은 2007 . 7 . 2 . 경 대전 중구 자신이 운영하던 * * 화랑에서 피해자 A에게 " 북한 은 관리가 허술하여 북한 고위 공산당원이 현재 박물관에 전시하고 있는 작품을 빼내 온 조선조 혜원 신윤복 작품이 있는데 지질 , 화법 , 먹질 , 연대를 종합적으로 판단하건 대 진품이니 나만 믿고 사라 , 나도 싸게 샀기 때문에 조금만 마진을 붙여 싸게 주겠 다 . " 고 거짓말을 하였다 .

In fact, the above material was sold by a North Korean member as a material, not a material that was deducted from a museum, but merely a material that was not a material of a well-known leap, and thus did not have the intent and ability to sell the material to the victim, and the Defendant, as above, by deceiving the victim, sold 1 point of a fake folklore from the victim, and received KRW 700,000 from the victim, from September 23, 2009, in total 30 times in the same manner as shown in the attached list of crimes, as shown in the attached list of crimes, and acquired it by deceiving the victim by taking up KRW 18,80,000 in total.

Summary of Evidence

1. The defendant's partial statement in court;

1. A’s legal statement;

1. Each police statement of B, C, and D

1. Written confirmation (No. 4 No. 5 of the evidence list), recording (No. 22 of the evidence list)

1. Data on the list of business trips and appraisal works of the KBS products, and the list of business trips and appraisal works of the KBS products;

1. Four copies of the certificate of appraisal, and the written guidance for appraisal by the High Art Association;

1. Report on the results of appraisal of the KBS truth-finding products;

1. Investigation report (No. 37 No. 5 of the evidence list);

1. Photographs (the photograph of works purchased by the complainant);

1. Deposit of free savings, results of inquiry into cashier's checks, details of issuance of cashier's checks, and reasons for conviction of the applicant's photograph of request for deposits (when searching for them);

In full view of the following circumstances based on the evidence submitted by the prosecutor, it is fully recognized that the defendant deceivings the victim and sells goods recorded in the facts constituting an offense that is not the truth, thereby deceiving the victim with the amount equivalent to the price.

① Although the Defendant asserts that the sold goods are works of a well-known person, such as a new leapdo, Kim Hong-do, static-do, Sho-do, Sholl, Kim Jong-do, and Han-ro, etc., there is no basis to support the sale.

② As a result of the victim’s request for appraisal about four points of the representative work purchased at a reasonable price among the works indicated in the list of crimes, it was found that all were not the truth.

③ The works indicated in the attached list of crimes are the works purchased by the victim from the defendant, which have undergone the appraisal by the High Art Association and the verbal appraisal of the KBS boosted Articles two times or more, or the name of the works and the purchase price of the works made at the time of the objective transaction or purchase are clearly confirmed.

④ As a result of confirming the original copy of the domain, such as the name, purchase price, etc. of the material recorded in the domains (No. 37 No. 5 of the evidence list) prepared at the time of the purchase by the victim, it is sufficient to recognize the time of preparation and its authenticity in light of the victim’s legal attitude of his/her appearance, the size and quality of the domains, the type of the pen, and the status of the body’s storage.

(5) The defendant shall support the contents of each letter (including the number Nos. 4 and 5 of the evidence list) directly prepared and delivered to the victim and facts of the crime.

6) The Defendant also responded to the purport that “The price of the sold goods is similar or less than the price of the sold goods,” on the ground that the Defendant sold goods without an official appraisal or attaching an appraisal document.” This shows that there is a considerable difference between the time of preparation of the work claimed by the Defendant and the originator of the work and the price of the work.

7) The Defendant did not purchase goods at a specific place, but purchased the door from the person who sold the goods, and thus, purchased it from the person who sold the goods, and thus, the Defendant’s new source and contact details cannot be known. The purchase and sale price gave 100,000 won in the internal price and 10,050,000 won in return for a certain amount of profit to the victim. The Defendant responded to “only sold the goods with a certain amount of profit of KRW 1,50,000 in the purchase price.” The Defendant’s assertion that the purchase price and transaction method are very drinking-gu and thus, are contrary to his assertion.

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Article 347 (1) of the Criminal Act (Selection of Imprisonment)

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

Reasons for sentencing

[Scope of Recommendation] Fraudulent Crime Group, General Fraud (Type 2), Basic Field, 8 months to 4 years of imprisonment

As a result of addition, one-stage increase in type)

[Determination of Sentence] One year of imprisonment

· The age of the defendant, who has no past record of criminal punishment two times or more of the fine;

· The victim is also responsible for the occurrence of the crime or the expansion of damage, but the same victim is also responsible;

for a long period of time (for about 2 years), substantial damage by committing a crime continuously and repeatedly (for about 30 times)

In light of the degree of statement in the course of investigation and public trial even if he/she was admitted, the intention and the union to recover damage;

No history and attitude of reflectability can be found.

Judges Choi Dok-ho

List of Offenses

A person shall be appointed.