Around July 2012, the Defendant was unable to secure the no longer capable of selling gold, and was in a state of not having the ability to seek gold directly, and even if having received money from another person under the pretext of purchasing gold, the Defendant did not have the intent or ability to purchase gold on the agreed date.

Nevertheless, the Defendant, through C, displayed the peld claims to the victim D through the Defendant, saying, “The peld claims are claims that can be exchanged with gold and have gold in a place where the claims exist, which may be closed at a low price.” On September 11, 2012, the Seoul Gangnam Terminal explained the same purport and explained the victim at the Seoul Gangnam Terminal to the same effect, and had access to the victim, as if the victim wants money, he/she could immediately seek money if the victim wants to do so.

On September 12, 2012, the Defendant: (a) prepared a cash custody certificate to the victim’s vehicle parked in front of the F hotel located in Seoul E, and (b) received two copies of the cashier’s checks (G) from the victim who believed him/her to have believed him/her to have been issued KRW 10,000,000 from the victim who has believed him/her to have been in custody of a considerable amount of gold, and (c) received KRW 10,000,000,000 from the victim who believed him/her, on September 13, 2012; and (d) issued KRW 10,000,000,000 from the victim.

Accordingly, the defendant deceivings the victim, and obtained a total of KRW 120 million from the victim, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Certificates of cash custody;

1. Claims that may be altered by gold bars or alteration;

1. A copy of a bankbook (D);

1. The check distribution channel table;

1. Application of Acts and subordinate statutes to each investigation report (organization of the details of checks and counter-examination for the presentment of payment of checks);

1. Relevant Articles of the Act concerning the facts constituting the crime;