A defendant shall be punished by imprisonment for two years.

Punishment of the crime

In 208, the Defendant, at the D office of the Defendant’s management of the Defendant located in Yansan-gu, Seoul-si, 2008, embezzled the money from the Defendant’s office around June 2009 by borrowing the money from the Defendant’s relative, liver, and wire store, and refusing to provide it as security and return, upon request of the Victim E to keep the 91 picture, such as “G”, which is a work of white F, a work of the victim’s possession.

Summary of Evidence

1. Each legal statement of witness E, H, I, and J;

1. Some of the witness K’s legal statement;

1. Statement by the police concerning L;

1. Application of Acts and subordinate statutes to a list of works and a certificate of price per unit;

1. Determination as to the pertinent Article of the Criminal Act and Article 355(1) of the Criminal Act regarding the issue of the choice of punishment (elective of imprisonment)

1. The gist of the defendant's and his defense counsel's assertion is that the defendant lent KRW 55 million to the victim three times in 2004 and only received a certain amount of 39 points to the victim's possession as a collateral and received a return from the victim, but the remainder may also be returned. Since the defendant had not received a 91-point forest (hereinafter "the forest of this case") from the victim around 2008, as stated in the facts charged, there was no fact that he received a 91-point forest from the victim around 2008, and thus, the crime of embezzlement is not established on the premise that he was kept in custody around 2008.

2. In full view of each evidence duly adopted and examined by this Court (the defendant's legal statement, witness J and E's legal statement), the fact that the victim kept his/her picture one time against the defendant around 2004 is recognized.

However, in full view of the above evidence, the following circumstances, i.e., ① the victim was in custody of the Defendant in 2004 and was in preparation for displaying approximately KRW 1,500, including the green work, and the new F was in preparation for the display of approximately 1,500, including the green work. As the organizer was unable to hold the exhibition upon the death of the organizer, K.