On June 10, 2012, the Defendant entered into a contract to supply the victim C with 655 tons of fire, such as Vietnam, in an e-mail, at the Defendant’s office located in Vietnam Minhovah City, on June 10, 2012, and sent USD 21,794 ( approximately KRW 25,000,000 in Korean Won) to the victim C, thereby shipping fire, such as pine trees, before June 20, 2012.

However, the Defendant did not have any intention or ability to supply saws, such as pine trees, even though he received down payment from the injured party, such as where the machinery equipment manufacturing saws, such as pine trees, was not installed at the time.

Accordingly, on June 13, 2012, the Defendant: (a) by deceiving the victim; (b) received USD 21,794 from the victim; (c) from the victim, USD 21,794, under the name of down payment, to the account of a new bank located in Vietnam.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Partial statement of each police suspect interrogation protocol (including part concerning C’s statement) against the accused;

1. Statement made by the police against C;

1. Application of e-mail, contract, remittance statement, bill of lading, packing list, and watch statutes;

1. Relevant legal provisions of the Criminal Act, Article 347 (1) of the Criminal Act, the choice of imprisonment, conviction and reasons for sentencing concerning the crime;

1. Reasons for conviction;

A. (1) The Defendant’s assertion (1) concluded a fire supply contract with the victim with the same content as the facts constituting the crime, and recognized the fact that the Defendant did not supply fire saws agreed after receipt of USD 21,794.

However, the defendant was unable to perform the contract inevitably due to theft of the purchase fund for the production facilities of fire saw at the time, and there was no intention to obtain money from the injured party as fire saw price.

(2) In other words, the Defendant withdrawn the amount of KRW 976,00 from a bank in cash and kept it in the office’s safe, which was the same from June 16, 2012.