A defendant shall be punished by imprisonment for two years.

However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Punishment of the crime

[2015 Highest 1589] On October 7, 2014, the Defendant stated to the victim C that “on the loan of KRW 10 million to the victim C, the Defendant would buy the money with the said money and resell the money and then offer the principal and profit one week after he/she bought it with the said money.”

However, the Defendant had previously engaged in gold transactions and had not repaid approximately KRW 350 million from other persons, which he had not been able to repay the existing debt with money from the injured party, and there was no intention or ability to leave the profits to the injured party by doing gold transactions as agreed.

The defendant deceivings the victim as above and received delivery of KRW 10 million on the same day from the victim.

[2015 order 3041] On October 2, 2014, the Defendant called “E” office located in Busan-gu Busan-gu Busan-do, that the Defendant would purchase 100,000 won within 10 days from the feston-line 10 days from the feston-line.

However, in fact, the defendant was liable for a debt of approximately KRW 300 million at the time, and around October 2014, the market price of approximately KRW 15 million was reached at KRW 15 million to the victim, and there was no intention or ability to purchase 10 match and give it to the victim.

The Defendant, as such, by deceiving the victim, received a remittance of KRW 11 million from the damaged party on the same day.

[2015 Highest 4455]

1. On September 30, 2014, the criminal defendant against the victim G told the victim G to the effect that “No money exists to make funds to make it available to the victim G in a mutually infinite coffee shop located on the second floor of the HH building in Busan Dong-gu, Busan, to create a 10 foot gold leader and to deliver it in large amount to the players making the 10 foot gold leader. Accordingly, the defendant will use only 3 to 4 days and pay 10% of the principal and interest.”

However, the defendant, at the time, has a debt of approximately KRW 400 million borrowed from the person who suffered damage and has received money from the injured party to pay the existing debt.