A defendant shall be punished by imprisonment for two years.

Punishment of the crime

On February 6, 2014, the Defendant was sentenced to imprisonment for a violation of the Act on the Punishment, etc. of Specific Economic Leave (Embezzlement) at the Seoul Southern District Court on February 6, 201, and completed the execution of the sentence in the resident prison on August 8, 2016.

Around November 2017, the Defendant made a false statement to the effect that “A victim D in Jongno-gu Seoul Metropolitan Government operated by the Victim B, who was aware of it, operates E in a size of KRW 40-5 billion, and supplies gold to the large enterprise”. “A product is produced and supplied, 20% profits would have been made when it is supplied, and a net gold 2kg would be returned to 4kg in addition to profits within three months if it is lent.”

However, in fact, even if the defendant received net money from the victim, he was immediately commercialized and was thought to invest in high-risk goods such as futures, options, etc., and did not intend or have the ability to deliver gold products to the large enterprise and deliver such products to the large enterprise to the victim.

As such, the Defendant, by deceiving the victim as such, obtained 2kg of net money equivalent to KRW 100 million from the victim on November 27, 2017, around February 8, 2018, 1kg of net money equivalent to KRW 50 million, around April 12, 2018, 1kg of net money equivalent to KRW 50,000,000,000, and 2kg of net money equivalent to KRW 100,000,000 from the victim on June 29, 2018, respectively.

Summary of Evidence

1. Legal statement of the witness B;

1. Some of the interrogation records of the accused by the prosecution;

1. The police statement concerning B;

1. Complaints, etc.;

1. Previous convictions: Criminal history records, investigation reports (verification of the expiration date of the term of punishment in the case A related to a suspect), Seoul Southern District Court Decision 2013Gohap378, case search records, and personal confinement status, the defendant could not register his/her business under the name of the defendant at the time when he/she borrows money from the victim, and the amount of fine exceeding KRW 140 million was unpaid, and even if he/she was declared bankrupt by the Seoul Rehabilitation Court, such facts were concealed.