A defendant shall be punished by imprisonment for not less than eight months.

except that 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

The Defendant, while carrying on precious metal-related business, had a debt amount of KRW 100 million, and had not been engaged in normal gold transactions due to lack of other self-sufficiency, had purchased gold from one company on credit and had it purchased gold at other companies, and had it repaid the credit amount with gold celebly with other companies, and had it repaid the credit amount or “an attempted transaction” after having received gold celebly, he was urged to pay 180 money purchased from D who operates precious metal store C, which is precious metal store on December 18, 2012, and had it necessary to pay a fine for drunk driving, etc., the Defendant saw the attempted transaction and received the money by deceiving the attempted transaction.

Around 17:00 on December 19, 2012, the Defendant sent a phone call to the victim F, who operated Jongno-gu Seoul Jongno-gu Seoul, which had been engaged in attempted transactions, and made a false statement as if he/she had engaged in attempted transactions by putting the phone to the victim F, who operated Jongno-gu Seoul Party E, and “I would like to make preparations for 190s of 20s, including 20s, 200s, and 20s of pigs.”

However, as seen above, the Defendant did not have self-sufficiency and did not have any intent or ability to repay 190s even if she received 190s of money on credit because the Defendant did not have been able to receive money through an attempted transaction from another company.

Nevertheless, at around 17:20 on the same day, the Defendant received from the victim the amount of KRW 190,000,000,000 at the market price of KRW 4,2940,00 from the victim in the above E as an attempted transaction.

B. The Defendant used the said 190 money received from the victim to repay the outstanding amount of money set forth in the above D immediately, and was aware that the victim knew that he/she would engage in attempted transactions with the Defendant.

At around 17:50 on the same day, the Defendant made a false statement as if the victim had three defects, asking the victim “or 20 dule” and the victim prepared to have three defects.

However, the above D refuses to perform attempted transactions.