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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
"2017 Highest 1633"
1. The Defendant and the victim B are both precious metal intermediary traders and have been aware of each other from around 2014.
around 16:00 on November 9, 2016, the Defendant sold the Montreal to Busan at the victim’s office located in Jongno-gu Seoul Jongno-gu Seoul.
C. It is expected that the payment will be made in cash not later than the day in the Notes, as the Montreal is.
The phrase “ makes a false statement.”
However, in fact, the defendant did not have the intention or ability to pay the Montreal price to the victim because he did not pay the Montreal price for the settlement of the price to his customer or sold it to another business, and he thought that he would use it for the personal purpose and did not have any other property.
Nevertheless, the Defendant was issued a total of approximately 1,000 Amond amount of approximately 60,59,280 won (a total of 1,000 persons) from the injured party.
Accordingly, the defendant was given property by deceiving the victim.
"2017 Highest 6242"
2. On July 2016, the Defendant made a false statement to the victim E in the Defendant’s office located in Jongno-gu Seoul Metropolitan Government Jongno-gu Seoul, stating that “The Defendant would have entrusted release on bail and pay the sales proceeds by selling it.”
However, in fact, the Defendant had no intention or ability to sell the release on bail from the beginning because the Defendant used the release on bail granted by the injured person to lend the money to the pawn and pay other debts.
Nevertheless, the defendant deceivings the victim as above and received seven Montreals equivalent to the total market value of KRW 60 million from the injured party.
Summary of Evidence
"2017 Highest 1633"
1. Statement by the defendant in court;
1. Statement made by the police against B;
1. Receipts:
1. Investigation report (Submission of an inquiry report by the defendant himself/herself) 2017 Highest 6242;
1. Statement by the defendant in court;
1.With respect to E, F.