However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

On January 16, 2017, the Defendant would transfer the money of KRW 800,00 ( approximately KRW 134,000,000,000 at the time) to the Korean account to the victim D who is obliged to transfer the money of KRW 80,000 to Korea from the Chinese territory (as soon as the Defendant sent the said money to the Korean account until February 10, 2017).

“A false representation was made.”

However, the defendant at the time did not have any intention or ability to send more than 50,000 U.S. dollars (58 million U.S. dollars at the time) even if he could not transfer money to Korea and received money from the injured party, he did not have any intention or ability to transfer money exceeding the remittance limit to personal debt.

On January 16, 2017, the Defendant transferred the above bill to the Chinese bank account under the name of the Defendant and transferred only KRW 50 million to the victim for the purpose of remitting it to the Chinese bank account.

Accordingly, the defendant, by deceiving the victim, obtained pecuniary benefits of KRW 84 million.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused by the prosecution (including D statements);

1. Statement made by the prosecution against E;

1. Entry of D in the second-time police interrogation protocol against the accused in the suspect interrogation protocol;

1. Each police statement made to D or F;

1. Copy of the police statement made to D;

1. A complaint filed for DNA preparation;

1. Investigation report (person G telephone conversations with him);

1. Investigative reports (informating details of transactions to be submitted by complainants), and copies of inquiries about details of transactions;

1. Details of transactions by period of receipt of the account in the name of the defendant;

1. Investigative into the exchange rate by the date of the KEB Bank;

1. Application of statutes governing Kakao Stockholm and text messages;

1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act (the point of fraud and the choice of imprisonment);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] general fraud (less than KRW 100 million) is not subject to punishment (one month to one year).