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

The defendant shall apply to the applicant C for the compensation of KRW 10,400,000, and the compensation.

Punishment of the crime

The Defendant is a person who operated a sales outlet of precious metals with the trade name “G” located in B24 and 25 of Jongno-gu Seoul Metropolitan Government F building B from January 2015 to June 2017.

"2017 Highest 3621"

1. Crimes against the precious metal wholesalers;

A. Around April 27, 2017, the Defendant committed the crime against the victim H made a false statement to the victim that “The Defendant would pay the price when it supplies the Damond products” at the “J” store operated by the injured party of the 106 Seoul Jongno-gu International Commercial Building No. 106.

However, while operating precious metal retail business, the Defendant was liable for outstanding amounts equivalent to approximately KRW 300,000,000 to other precious metal wholesalers, such as K, L, andM, and the manufacturer of precious metal products. The Defendant was unable to normally operate the store for the cost of expenses to be paid to employees, such as monthly pay and store rent of KRW 25,000 per month. Around 26,70,000 per month, the Defendant was liable for personal debt of KRW 26,70,000 per month. Since the Defendant entered into a contract with customers for the manufacture of tugboats and operated the business in the way of “return”, the Defendant did not have any intent or ability to pay the price even if he was supplied by the injured party with the Montreal products.

The Defendant received from the injured party a set of money equivalent to KRW 13,457,00 from the damaged party, namely, a set of money equivalent to KRW 13,457,00, and a set of money equivalent to KRW 6,046,00 from May 4, 2017, and received property equivalent to KRW 19,503,00 in total.

Accordingly, the defendant was given property by deceiving the victim.

B. On May 17, 2017, the Defendant against the victim N made a false statement to the victim who operates the “K” in the mutual infinite coffee shop near Jongno-gu Seoul, Jongno-gu, Seoul, to the effect that the Defendant would pay the price within two weeks if the Defendant supplied the Dmond products.

However, the defendant operates precious metal retail business.