[2017 Highest 4623] In the past, the Defendant was a person who had been engaged in the business of selling precious metal in Busan-gu C, Busan-gu, and was 150 million won to operate a restaurant, and was engaged in an "out-of-the-counter business" in the term "out-the-counter business" in which sales of precious metal, etc. are entrusted by precious metal manufacturers and wholesalers from December 2, 2016. Since around June 2017, the Defendant was led to financial pressure, such as the repayment of principal and interest, etc., after receiving precious metals from the victims and exchanged it in a net manner through gold exchange, and then acquired it by fraud by means of returning only part of it to the victims.

On June 30, 2017, the Defendant stated that “F” stores operated by the victim E located in Busan-gu Busan-gu, Busan-do, would sell goods to the retailers if the Defendant would sell gold goods, such as selling wastes.”

However, the defendant, even if he sold it to retailers, was thought to use the sales proceeds for his personal debt repayment and living expenses, and when the seller is not found, he exchanged it with net money and transferred only part of it to the victim.

The Defendant received 4 points of KRW 4,516,00 in total market price from the injured party, from around August 18, 2017, 120,92,400, respectively, as shown in the annexed crime list 1 through 5, from around August 18, 2017.

Accordingly, the defendant was informed of the victims to receive property.

[2017 Highest 6130] The Defendant was a person who had been engaged in the sales of precious metal in Busan-gu C, Busan-gu, and was responsible for the debt amounting to KRW 1.50 million with the operation of the restaurant, and was engaged in the sales of precious metal, etc. from around December 2, 2016 to the "outstanding business" for sales on retail after being entrusted by precious metal manufacturers and wholesalers. < Amended by Presidential Decree No. 28139, Jun. 2, 2017>