[Seocho-dong Legal Story] "Geumhwa (金畵) Contains No Gold" Famous Artist Threatened

[Asia Economy Reporter Kim Daehyun] In early 2019, Mr. A (59, male) acquired three expensive paintings. They were works by a famous domestic artist introduced as paintings made with gold.

Mr. A tried to verify whether the paintings actually contained gold by melting them with fire. Afterwards, he contacted the artist and said, "A friend who borrowed 65 million won using three gold coins as collateral is now missing," and "(The works) were confirmed not to contain gold. I will provide video footage of the verification to the media," he said. He even visited the artist in person demanding money, saying, "Although the paintings do not contain gold, you must take responsibility as the original creator."

The artist did not comply with these demands, and Mr. A was brought to trial. The prosecution alleged that Mr. A was accompanied by an accomplice when he visited the artist, applying the charge of 'violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (joint extortion)'. Under current law, 'if two or more people conspire to commit extortion or attempted extortion, harsher penalties apply.

The photo is unrelated to the article content [Image source=Pixabay]

During the trial, Mr. A explained the circumstances of the case, blaming the artist for the cause. He claimed that his actions were 'justifiable acts.' He also denied the existence of the 'accomplice' alleged by the prosecution.

The first trial court rejected these claims and sentenced him to six months in prison. The first trial court stated, "The crime is very serious as it involved extortion by exploiting the victim's status and circumstances," and "The victim suffered great mental distress and did not forgive the defendant." It also criticized him, saying, "He showed no remorse in this courtroom and shifted responsibility to the victim, so strict punishment is appropriate."

However, the court added, "Since the defendant's crime was only an attempt and he has no prior record exceeding a fine," and "He is given an opportunity to reflect on his crime, and there is no risk of flight or evidence destruction, so he will not be detained."

Mr. A appealed the first trial verdict. In the appellate court, the sentence was reduced because only the charge of attempted extortion was upheld for Mr. A's 'sole act without accomplices.'

According to the court on the 22nd, the Seoul Central District Court Criminal Appeal Division 9 (Presiding Judge Yang Kyungseung) recently sentenced Mr. A to six months in prison with a two-year probation. He was also ordered to perform 80 hours of community service.

The appellate court stated, "Based on the evidence submitted by the prosecution alone, it is difficult to recognize that the defendant conspired with an acquaintance to extort money as stated in the indictment," and "The victim testified that 'when I met the defendant, I was scared and said I would give the money if given about 10 days.' However, the recorded conversation does not show such a statement by the victim. Rather, the victim questioned why the defendant was demanding money from him and his family and admonished him not to extort."

Furthermore, "According to the evidence lawfully collected and examined in the first trial, the defendant appeared to have continuously demanded a specific amount between 65 million and 68 million won," and "He approached the original creator, not the person who provided the paintings as collateral, and raised issues not about artistic value but about gold content, threatening to report to the media. The defendant's actions do not constitute justifiable acts."

Since Mr. A did not file an appeal, this ruling became final as is.