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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is a representative of Yongsan-gu Seoul Metropolitan Government who is engaged in the exhibition, sale, etc. of art works.
From October 9, 2011 to November 4, 2011, the Defendant agreed with D to divide the amount of KRW 50,000,000,000,000,000,000,000,000,000 won, among the leased works, into KRW 45,500,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,00,000.
On November 201, the Defendant sold each of the above works of the victims and embezzled KRW 32,300,000,000 in total, including KRW 16,64,600 on Nov. 7, 2011, and KRW 32,307,00 on Nov. 15, 201, and KRW 250,000 on Nov. 18, 201 for the work of the victim E, while each of the above works was kept for the victims for each of their business purposes, and arbitrarily using KRW 2,50,000,000 on Nov. 5, 201 for the benefit of the victims and KRW 4,20,000,000 in possession of the victim D and KRW 4,250,000,000 in possession of the victim E.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of D police statement;
1. Complaint (E);
1. Application of Acts and subordinate statutes to delegations, copies of notarial deeds, materials on exhibition reporting, persons booked at exhibitions, and copies of passbook transactions;
1. Articles 356 and 355 (1) of the Criminal Act concerning the facts constituting an offense;
1. Selection of each sentence of imprisonment with prison labor (the amount of damage, and considering the amount of damage not paid);
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. Article 62-2 of the Criminal Code of the Social Service Order (Taking into account that agreement has been reached with or has not been repaid due to damage).