A defendant shall be punished by imprisonment for not less than two years and six months.

All applications filed by an applicant for compensation shall be dismissed.

Criminal facts

The Defendant is a person who has operated precious metal wholesale shops in the trade name of "K" in the Jongno-gu Seoul Metropolitan Government J building 113.

On April 23, 2014, the Defendant stated that “Amond is found at retail stores, and the Damond is sold to retail stores and paid the Damond within one month. If the Damond is not sold, the Defendant would return the Damond as it is.”

However, the Defendant, at the time, has been urged to pay the outstanding business amounts in KRW 300,000,000 and has been urged to pay the sales proceeds from other companies, and even if the Defendant received a multimond from the said victim and sold it to retail stores, he merely thought that the Defendant would pay the outstanding business amounts, etc. to the Defendant, and there was no intention or ability to pay the sale proceeds to the said victim within the period of promise.

As above, the Defendant: (a) by deceiving the victim M and taking it over from the said victim, one set of 1.13 metremonds equivalent to the market price of KRW 10,000,000, from August 11, 2014; and (b) from that point of view, the Defendant received delivery of multimonds equivalent to the total market price of KRW 418,820,000 from the victims over 36 times by the same method as indicated in the attached list of crimes.

Accordingly, the defendant was provided property by deceiving the victims.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Each police statement on M, E, G,O, C, P, I, H, Q, D, R, T, U, V, W, X, Y, and Z;

1. Application of each consignment sale contract and the detailed statement of transactions Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 32 (1) 3 and Article 25 (3) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits by rejecting an application for compensation order;