The defendant is a person who has been operating juice shop in the trade name of “B.”

On March 16, 2017, the Defendant stated that “A victim C who was aware of the fact in the mutual in the coffee shop in Jongno-gu Seoul shall be placed in the factory and shall return the gold with the interest of 1.5 e.g. monthly interest, and within two weeks if NA returned gold.”

However, the defendant did not have an intention or ability to return interest even if he received money from the victim because he did not have any special property and should receive money from the victim to use it for the purchase of materials.

The Defendant, from the victim on March 16, 2017, received approximately KRW 10 million in market price from the victim on March 16, 2017, and the same year.

4. A delivery of KRW 10 million in cash on or around 27. The same year.

4. Around 28, the Defendant received a total sum of KRW 30 million and cash, including the remittance of KRW 10 million to the Korean bank account (D) in the name of the Defendant, and acquired it by deception.

Summary of Evidence

1. Defendant's legal statement;

1. Part concerning C's statement of the second interrogation protocol against the defendant in the prosecution

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to replys to requests for cooperation in investigation by cutting down a storage certificate, two copies of a movable lease contract, details of transactions, and E-cap by dividing with the suspect;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting the crime, Article 347 (1) of the Criminal Act selection of the penalty, and reasons

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommendation [decision of types] according to the sentencing guidelines and there is no person who is less than KRW 100 million [the category 1] (the scope of recommendation field and recommendation range] and the basic area of recommendation [the scope of recommendation field and recommendation range], six months to one year and six months.

3. Determination of sentence: Imprisonment with prison labor for a period of six months, the sentencing conditions indicated in the records, such as the circumstances following the crime, age, environment, motive, means and consequence of the crime.