A defendant shall be punished by imprisonment for four months.

The defendant shall obtain money from the applicant B to the applicant B 8.29 million won, and shall take money from the third party.

Punishment of the crime

1. On April 24, 2020, the Defendant made a false statement to the effect that “E” in the “E” page of the Defendant’s operation located in Gunsan-si D, Sinsan-si, the Defendant would make and take a gold pool up until May 16, 2020,” to the victim C, the customer.

However, the Defendant had no intention or ability to produce gold stuffs to the victim until May 16, 2020, because the Defendant was planning to consume the so-called “returning” food for the use of gold stuffs, not for the production of gold stuffs, but for the purpose of living expenses, etc., as the Defendant had a very bad economic situation, such as having personal debt worth KRW 20 million, without any particular profit in the state of bad credit.

Nevertheless, the Defendant received from the injured party a gift certificate of KRW 4,10,000 for the same day as the production price, and a gold bar of KRW 2,60,000 for the market price of KRW 2,00,000 from November 17, 2019 to May 3, 2020. The Defendant obtained the above four times in total from the victims and acquired the property equivalent to KRW 2,465,00 from the victims in the same manner as indicated in the list of crimes in the attached Table.

2. On April 9, 2020, the Defendant, at around 2020, embezzled 1728, on the “E” page of the Defendant’s operation in Sinsan-si, Sinsan-si, Masan-si, requested the Victim F to change the size of the gold sheet in a size of KRW 1.2 million at the market price owned by the victim, and kept the above gold sheet for the victim. At that time, the Defendant, at the above place, melted the above gold sheet and sold it to other customers without the victim’s permission.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

[200 High Court Order 1253] The defendant's statement concerning the defendant's legal statement in each police interrogation protocol against C, G, B, and H as stated in each police's statement in each police interrogation protocol against the defendant, which is stated in the prosecutor's office's protocol of interrogation of the suspect (the telephone communications of the suspect).