A defendant shall be punished by imprisonment for two years.

The request of the applicant for compensation shall be dismissed.

Punishment of the crime

[2018 Highest 839]

1. The Defendant had been operating sales stores selling precious metals, such as gold fluor and gold fluor, with the trade name “D” in Jongno-gu Seoul Metropolitan Government C commercial building.

The Defendant received a demand from a precious metal factory to deliver the price for the supply of precious metals in lieu of money in the place of selling it by receiving gold Bans, etc. from a nearby precious metal factory.

In order to seek the net money to be paid to precious metal factories, the Defendant introduced the victim G who is operating gold bullion with the trade name of “F” in the Seoul Jongno-gu Seoul E building, and explained the above circumstances to G, and explained it to G, and then received and sold precious metal with precious metal, and then sold it to a person who has to pay the gold value with precious metal or who has to pay it in the vicinity, and has repaid it with the gold price.

In other words, we began to engage in attempted transactions with victims.

2. The criminal defendant, while engaging in an attempted transaction with the victim, received net money from the injured party to receive the attempted net money, and then increased the net price, and thus, the amount to be repaid to the injured party is larger than the expected amount to be repaid, and the sales proceeds of precious metals and net money were unable to be repaid to the injured party solely by using the sales proceeds as the Defendant’s existing debt repayment.

Nevertheless, the Defendant, on December 22, 2017, deceiving the victim on December 22, 2017, that “I would complete the gold value until December 26, 2017, if you supply a large amount of gold to the victim,” without notifying the victim of the fact that I would lend money from other persons, including H, due to insufficient payment of the attempted gold value, and that I would sell gold received from the same victim as before and pay the gold value with the sale proceeds.” This deceivings the victim to “I will complete the gold value by December 26, 2017, if you supply the gold more.”