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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
On April 201, from around June 201 to June 201, the Defendant received USD 4,10,00 (the amount equivalent to KRW 4,50,00,00) from the victim D who had resided in the United States and became aware of, and had not returned the borrowed money within the due date.
1. On September 201, 201, the Defendant, by telephone, purchased gold bars from the total number of large enterprises in Korea at a low price of at least 30% and sold them at low prices.
The loan of KRW 500 million means that 10 million shall be sold at 6-700 million won from the company, and shall be repaid with money borrowed from the party before the profit was paid. On October 22, 2011, the victim of precious metal commercial located in Jongno-gu Seoul around October 22, 201, the above purport was as above. However, the Defendant purchased gold at a low price and did not have the ability or intent to sell it at a low price. Upon receipt of a delivery of KRW 500 million from the injured party, 5 gold bars were purchased at a market price of KRW 34 billion, and delivered 10 million to the injured party, and delivered 10 gold bars to the injured party, but as if 5 gold bars were sold, it was the victim and it was thought that the difference was personal use.
The Defendant received KRW 500 million from the injured party, and received KRW 34 million from the injured party, and only 5 gold bars equivalent to the market price of KRW 34 million, and acquired KRW 196 million equivalent to the difference.
2. On November 201, 201, the Defendant told the victim, who keeps five gold bars in the vicinity of the Gangnam-gu Seoul Gangnam-gu Seoul Teaching Library, to “20,000 gold bars to be produced by the people who will purchase gold bars” under the circumstances described in paragraph 1. However, the Defendant was issued the gold bars from the victims, and was thought to have been used individually by selling them.
The defendant's position is equivalent to KRW 120,160,000 in the market price from the damaged person.