A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On February 2010, the Defendant and B (hereinafter referred to as the “Defendants”) stated to the effect that “The head of gold is necessary to dispose of the gold at the warehouse that stores a specific object, and the expenses are required to dispose of it. It is necessary to pay 50 million won to the victim E within three days if the cashier’s checks are issued, and the bonus for merit is distributed to 3 billion won.”

However, even if the Defendants borrowed money from the victim, they did not have the intent or ability to repay the principal and distribute the monetary reward by disposing of the said money within three days.

On March 12, 2010, the Defendants: (a) by deceiving the victim; (b) delivered a cashier’s check of KRW 26 million from the above D D; and (c) around the 15th day of the same month, issued 19 million cashier’s check of KRW 50 million in total after being issued 19 million from the above D D D DD bank; and (d) issued 50 million cashier’s check of KRW 1 million.

As a result, the Defendants conspired to attract the victim to receive the goods.

Summary of Evidence

1. Defendants’ legal statement

1. Each protocol of examination of the suspect against Defendant B by the prosecution (including substitute part);

1. Each police interrogation protocol against the Defendants

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to the gold photography;

1. It shall be so decided as per Disposition for the reasons under Articles 347 (1) and 30 of the Criminal Act or more of the relevant Articles of the Criminal Act concerning the facts constituting an offense;