A defendant shall be punished by imprisonment for six months.

Punishment of the crime

1. Around August 13, 2012, the Defendant was requested to process 18 KMM (152.59g) from the victim’s co-owned juice at the C plant located in Jongno-gu Seoul, Jongno-gu, Seoul, for the processing of 18 KMM (152.59g) and 17.38gg of gold medal (17.38g). Around September 10, 2012, the Defendant was requested from the said victim for the processing of 30 KM (445.54g) such as 18 K MM (4g).

The Defendant kept the aforementioned precious metal, etc. which was entrusted with processing for the victim, and sold the said precious metal to others at his own discretion at that time.

Accordingly, the Defendant embezzled the property amounting to KRW 32,498,928 of the victim’s market price.

2. Around August 13, 2012, the fraud Defendant did not have the intention or ability to process precious metals even if he/she was requested to do so from the victim Corice at the C plant operated by the Defendant in Jongno-gu Seoul Metropolitan Government.

Nevertheless, when the defendant is requested to process precious metal from the victim, he processes precious metal and deceiving him as if he were to return precious metal, and received 2,009,947 won from the victim.

Summary of Evidence

1. Each police interrogation protocol against the accused;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes confirming the details of unpaid goods;

1. Article 347 (1) and Article 355 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of each sentence of imprisonment;

1. The reason for the sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent offenders [the scope of recommending punishment] and the reason for the sentencing of Article 38 (1) 2 and Article 50 of the Criminal Act [the scope of recommending punishment] shall be determined as per the disposition, taking into account the fact that there is no basic area (6 to 100 million won) (6 months and 16 months) [the person who is a special person] [the decision] from the date of embezzlement and deception,