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

Punishment of the crime

1. The Defendant, a Korean national, acquired permanent residency in the United States in around 1999, and operated a precious metal company in the name of “D” in New York from around 1997 to 2013.

On January 15, 2013, the Defendant, at the “F office,” a precious metal company for the operation of the victim E in New York, made an agreement that if the victim and the victim make an investment in gold purchase funds, the Defendant purchased gold from a country with low market price in Korea and sold it into the United States through F, and pay to the victim an amount equivalent to 40% of the profits. Around January 31, 2013, the Defendant purchased from the victim the amount of USD 513,060 from H, a corporation located in P, which received USD 520,000 from the victim and then imported it into the United States in the name of F, and then delivered money to the victim from the above F office on February 1, 2013, the Defendant sold it to the “I” located in New York on the same day.

2. As such, the Defendant, who was engaged in the business of purchasing, etc. of the victim pursuant to the above agreement, continuously embezzled the amount of 493,060 U.S. dollars for the purchase of gold by the victim on or around February 5, 2013. Around February 14, 2013, the Defendant purchased and sold gold equivalent to 408,864 U.S. dollars (one KRW 457,273,497) from the victim on or around February 14, 2013, and used the proceeds of sales to purchase gold in the name of the Defendant’s management D on or around February 21, 2013.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness J;

1. Application of Acts and subordinate statutes to the police statement to K;

1. Relevant provisions of the Criminal Act and Articles 356, 355 (1) and 3 of the Criminal Act (Optional to Imprisonment) Sentencing for the crime;

1. The scope of punishment by law: Imprisonment with prison labor for not more than ten years;

2. Application of the sentencing guidelines [decision of type] Embezzlement Misappropriation Offense, Misappropriation Offense Offense Misappropriation Offense Offense Offense Offense Offense Offense Offense Offense Offense Offense Offense Offense Offense Offense No. 2 [Recommendation Scope of Punishment Offense ]