A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On December 15, 2010, the Defendant was sentenced to a suspended sentence of one year and six months for embezzlement at the Seoul Central District Court on December 15, 201, and the said judgment became final and conclusive on December 22, 201, and on February 14, 2013, the same court was sentenced to four years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) and the said judgment became final and conclusive on October 31, 2013.

The Defendant, at around May 2009, sold D the sculptures of “F” in the name of E works to D in KRW 170,000,00,000, and the Defendant continued to keep the sculptures of this case and agreed to sell them within three months and left profit margins during the period of keeping them, but was given a demand for re-trade or return of purchase price due to delay in re-trade or re-trade due to the financial situation.

Meanwhile, the Defendant provided D with the aforementioned sculptures as security on May 30, 2009, while selling them for re-sale, but on July 25, 2009, the Defendant returned them to D along with a demand for replacement of collateral on the ground that it cannot be confirmed the authenticity of the sculptures. On April 2010, as the Defendant heard the answer that it was difficult to confirm the authenticity of the sculptures by sending the foregoing sculptures to Seoul Auction, but it was difficult to confirm it from Seoul Auction, and the Defendant was aware that the said sculptures was in a situation where the above sculptures was suspected that it was manufactured, and thus, it cannot have a sufficient collateral value.

Nevertheless, on April 15, 2010, the Defendant concealed the fact that the Victim H was refused to provide security for reasons of impossibility of verifying the authenticity as above in Jongno-gu Seoul Metropolitan Government G on April 15, 2010, and falsely speaks that French sculptures is E’s work, provided it as security, and then provides it as a business bank account (Account Number I) in the name of the Defendant.