A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 16, 2012, the Defendant stated that “The Defendant would make smartphones, which is the representative director of the Victim Company D,” and would pay the price within one month after the delivery of smartphones or six months after the delivery of gold in the Jeju-si.”

However, the defendant had no ability or intent to pay the price, even if he was supplied by the injured party, because he was unable to send smartphone because the voice function of smartphone was not operated.

On July 23, 2012, the Defendant: (a) by deceiving the victim; (b) had the victim transfer KRW 6,534,00,000 to the subcontractor that requested the production of gold; (c) had the victim transfer KRW 6,534,00 for intermediate payment around December 5, 2012; and (d) had the said subcontractor transfer KRW 6,534,000 for intermediate payment; and (c) did not pay KRW 130,680,00 in total, including gold-type production, down payment, and intermediate payment paid by the victim to the subcontractor; and (d) obtained property benefits equivalent to the same amount.

Summary of Evidence

1. Each legal statement of witness E and D;

1. A protocol concerning the examination of a suspect against each part of the defendant by the prosecution (including the cross-examination);

1. Statement made by the prosecution against the F;

1. Statement protocol by the police for E;

1. Application of each gold production contract, and the Acts and subordinate statutes governing the receipt of remittance confirmation;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommended punishment] There is no basic area (1 to 4 years) (1 to 50 million won) of the type 2 (10 million won or more, or less) (1 to 4 years) of the Social Service Order (a person subject to special sentencing] [decision of sentence] The details leading to the instant crime, degree of damage, and the Defendant’s denial of the crime, etc.