A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

From around 2002 to April 2009, the Defendant operated D department stores in Songpa-gu Seoul Metropolitan Government with the trade name "E" at D department stores.

The Defendant, on April 2009, has become unable to make a sudden financial situation difficult for him/her to do so.

F. On the 21th day of the month, the store had been in mind to leave Indonesia without having it as it is.

1. Around April 14, 2009, the Defendant stated that “H” operated by the victim G with the Jongno-gu Seoul Jongno-gu Seoul Metropolitan Government F Prize No. 103, the Defendant said that “A large-scale event exists in the D department store “E store” store, and that “A large-scale event will be settled until April 28, 2009, if he/she leases precious metals.”

However, since the defendant was scheduled to depart from Indonesia on the 21st day of the same month, there was no intention or ability to settle the price even if he received precious metals from the victim.

Nevertheless, the Defendant received 33 precious metal worth 9 million won in total in market value from the victim.

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

2. Around the 16th day of the same month, the Defendant stated that, “J, an precious metal wholesaler operated by the victim I, 128, as stated in paragraph (1) of the same month, the Defendant would pay to the victim the value of the object on April 27, 2009, when the event ends, on the face of the precious metal necessary to hold the store.”

However, since the defendant was scheduled to depart from Indonesia on the 21st of the same month as above, the defendant did not have the intent or ability to pay the price or return the goods even if he received precious metals from the victim.

Nevertheless, the Defendant received 18 precious metal worth 4,472,300 won in total from the victim.

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

3. The defendant is operated by the victim K in 125 commercial buildings listed in paragraph (1) around 18:00 of the same month.