A defendant shall be punished by imprisonment for three years.

Punishment of the crime

On January 16, 2009, the Defendant was sentenced to 8 months in Seoul Western District Court for violation of the Act on Regulation and Punishment of Criminal Proceeds Concealment, and completed the execution of the sentence on July 19, 2009.

The defendant is a person who has served as an employee of the company in charge of the settlement of accounts, but has never been involved in the supply of precious metals.

However, on the basis of the fact that the defendant served in the above company, he borrowed KRW 250 million from the victim D, stating that "the funds are attached to the gold business", while borrowing KRW 250 million.

In addition, the defendant shows that he has money in the head of the Tong for the gold transaction " and made the victim enter and leave the account of the defendant and repeatedly.

On March 30, 2012, the Defendant: (a) around March 30, 2012, at the Guro-gu Seoul Metropolitan Government 3 Dong-ro 197-33 Do-ro 197-33, the Defendant made a false statement that “The Defendant may purchase gold at a premium and obtain KRW 20 million from 1 Kg to 1 Kg with gains from market price gains; (b) the Defendant may fully repay the money prior to the payment; and (c) the Defendant may request the Defendant to lend the purchase fund.”

However, the Defendant did not know how to live a gold in such a way as to pay a higher profit than the market price, and there was no intention or ability to cause the victim to benefit from the gold.

Ultimately, the Defendant, as seen above, was accused of the victim and received KRW 500 million from the victim’s position.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. A copy of a specification of transactions, a copy of a passbook, details of transactions of passbooks, and data reply;

1. Records before judgment: Application of inquiry reports on criminal records, etc. and investigation reports (a copy of judgment attached)-related Acts and subordinate statutes;

1. Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 347 (1) of the Criminal Act concerning criminal facts;

1. Article 35 of the Criminal Act: Provided, That the Criminal Act is applicable to repeated crimes;