A defendant shall be punished by imprisonment for one year.

Criminal facts

The Defendant is a person who has operated the precious metal business under the trade name of Gangnam-gu Seoul Metropolitan Government C and 301, and the victim E is a person who engages in the precious metal wholesale business under the trade name of Jongno-gu Seoul Metropolitan Government F1th floor 11.

On May 11, 2011, the Defendant made a false statement that “The Defendant would supply precious metal finished products to H, who is a partner of the victim, and then sell them at a price desired to do so, and make payments including public services.”

However, in fact, the Defendant had a debt equivalent to KRW 60 million to the Customer at the time, so even if he was supplied with precious metal finished products by the Defendant, he did not have the intent or ability to resell it and pay the price including public use.

As above, the Defendant, by deceiving the victim and taking over 6 a 1,168,335 won (the net price of KRW 1,045,335, the amount of KRW 123,00) equivalent to the total market price on the same day from the victim, he/she acquired 100,126,465 won (the total market price of KRW 100,126,465, the amount of KRW 123,00) until July 27, 2011.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Application of each police protocol of statement to E and I;

1. Even though Article 347(1) of the Criminal Act provides that the pertinent provision of the Criminal Act and the choice of a sentence are comprehensively applicable to the crime, and even though the amount of damage amount caused by the crime of this case is not much enough until now, the damage recovery has not yet been made. Thus, the defendant cannot be sentenced to punishment corresponding to the nature of the crime and the circumstances, and thus, the same sentence as the order shall be sentenced.