A defendant shall be punished by imprisonment for not less than one year and six months.

A. The first instance judgment of the prosecutor (the lower court’s judgment, misunderstanding the facts, and misunderstanding the legal principles) cannot be affirmed as to the facts charged, as to whether the 10 tons of no more than 10 tons of gold at the time of the instant case actually existed, and there is no 10 tons of domestic gold bars

Even if there is commencement of deception, there is commencement of enforcement.

The Court rendered a not guilty verdict on the ground that it cannot be deemed difficult.

However, if it is recognized that he/she is guilty of the attempted crime of 100 million won for the purpose of deceiving 100 million won for five gold bars related to the facts charged, he/she did not separately sentence the facts charged in the order.

In this regard, it is reasonable to view that there is no 10 tons of gold leader at the time of the instant case in full view of the evidence submitted by the prosecutor, and it is reasonable to evaluate that the Defendant attempted to receive KRW 170 billion from the victims to receive KRW 170 billion under the name of the purchase price, as if the Defendant actually existed even if 10 tons of gold leader were not nonexistent.

Nevertheless, the judgment of the court below which did not recognize the commencement of fraud is erroneous and erroneous in the misapprehension of legal principles. Thus, the judgment of the court below which acquitted the facts charged shall be reversed, and all the charges shall be pronounced guilty.

B. The punishment sentenced by the second instance court (the judgment of the court below of the second instance and the judgment of the court of the second instance) to the defendant (one year of imprisonment) is too unreasonable.

2. We examine ex officio the reasoning of the prosecutor’s appeal on the judgment of the first instance prior to the judgment on the grounds of appeal.

A. On March 18, 2014, the Defendant shown in this part of the facts charged that at the D's hotel coffee shop located in Songpa-gu Seoul Metropolitan Government around 19:30 on March 18, 2014, the total market price of approximately KRW 22,500,000,000,000 per each of the five gold bars of up to 1k, to the victim E and F, etc., and “one hundred tons of gold bars, and five gold bars, a part of which are purchased at once, will be sealed up to KRW 100,000.

The price of 10 tons of gold bars shall be 170 billion won and shall be 30 billion won.