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A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
On December 9, 2019, the application for changes in indictment is somewhat unclear.
Since it does not harm the identity of the facts charged or give substantial disadvantage to the defendant's exercise of his right to defense, it is revised ex officio without modification of indictment procedures.
[Obligation to keep in custody] From around 2013, the Defendant entered into a contract with the victim D company, a seller of art works in the UK, to purchase or sell the paintings owned by the victim D company in the course of performing duties of planning or selling or selling the paintings in the Jongno-gu Seoul Metropolitan Government.
On July 8, 2014, the Defendant purchased 2,50,000 won of the purchase price (limited to KRW 360,000,000) until October 31, 2014. The Defendant entered into a sales contract for reservation until full payment.
On July 24, 2014, the Defendant entered into a contract under which the Defendant sold 250,000 pounds (one million won in Chinese 360,000), and one of the “I” of the same author’s “I” to a 300,000 Lb (in Chinese 432,000,000 won).
[Embezzlement]
1. On July 28, 2014, the Defendant, at the above C’s home located in Yongsan-gu Seoul, provided the said “F” in order to guarantee the repayment of the Defendant’s obligation, as if the Defendant was the Defendant’s property, while holding the exhibition and holding it for the purpose of sale.
2. On November 21, 2014, the Defendant: (a) sold the instant “I”; (b) KRW 290 million out of the sales proceeds, to Art D D’s divers; (c) deposited KRW 125 million in the account in the name of the Defendant in his/her name; and (d) deposited KRW 165 million in cash and deposited KRW 290 million in his/her custody for the victim; and (c) the said KRW 125 million in the sales proceeds deposited for the victim; and (d) on November 24, 2014, the Defendant deposited KRW 125 million in the custody of the victim.