Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On April 2015, the Defendant: (a) received a request from the victim C to the victim from December 2016 to July 2017 for sale of the Japanese picture, where the market price of “D” owned by the victim cannot be known at the middle of the Japanese coffee shop in Gangnam-si; (b) received a request from the victim C to the victim to return the picture, and (c) embezzled by refusing to return it.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. The investigation report (the list No. 16 of evidence);

1. Application of Acts and subordinate statutes governing D forest 1;

1. Article 355 of the Criminal Act applicable to the crime, Article 355 (1) of the Criminal Act, the selection of fines, and the selection of fines;

2. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

3. Determination as to the assertion by the Defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. Recognizing the factual relations as indicated in the facts charged in the instant case, the instant picture was confirmed to be excessive to household goods, not as having high-priced value, and there was no profit accrued by the Defendant or a third party by disposing of the said forest.

Therefore, there was no intention to acquire illegal profits to embezzled the instant picture for the Defendant.

2. Determination:

A. The property, which is the object of the relevant legal doctrine, is not necessarily required to have an objective set of exchange values, and it is sufficient for the owner and the possessor to have a subjective value.

in this case, the existence of subjective or economic value shall not be determined by others.

of such a passive relationship, if the value is established, the value shall not be

In the crime of embezzlement, the illegally acquired intent is against the purpose of the entrustment with the intention of having the custodian of another’s property or a third party gain the benefit of himself/herself without the authority as if he/she were to own another’s property.