A defendant shall be punished by imprisonment for two years.

Punishment of the crime

On June 10, 2013, the Defendant: (a) around the second floor of the Dobong-gu Seoul Metropolitan Government building C, the office E, a clothing company operated by the victim D, and (b) the fact was intended to receive the price for the supply of clothing from the victim to use it for personal purposes, such as the exchange money, and did not intend or have ability to supply the clothing to the said company; (c) as if the company was normally operating the F in China, the Defendant was engaged in as if the trading company was normally operating the said company in China; (d) supplied the said company’s total G and the plaque 5,000 US$ 367,542.34 US dollars to the said company; (e) the payment period was the first shipment date on July 20, 2013; and (e) the second shipment date on July 30, 2013; and (e) received US$ 100,0000 US dollars in advance, and (e) concluded a supply contract by dividing the remainder into Mexico at the time of the arrival.

As above, the Defendant, by deceiving the victim and immediately from the victim, received US dollars 100,000 (113 million won on June 10, 2013) as the advance payment under the clothing supply contract, from the victim’s account in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of examination of the accused by the prosecution (including the substitute part);

1. The prosecutor's statement concerning H;

1. The police statement concerning G;

1. Business registration certificate, name card, each e-mail, and contract;

1. A copy of foreign exchange account statement and passbook;

1. Report on investigation (Evidence Nos. 24, 25, 29) and application of Acts and subordinate statutes on details of transactions in each account;

1. Grounds for sentencing under Article 347 (1) of the Criminal Act with respect to the facts constituting an offense;

1. Scope of applicable sentences by law: One month to ten years; and

2. Application of the sentencing criteria (as of October 1, 2014, the scope of recommending punishment) [the scope of recommending punishment] the basic area (one to four years) (one year) of the types of general fraud (at least KRW 100 million, but less than KRW 500 million).

3. The amount of money for clothing supply that the Defendant received from the victim is the advance that the victim received from Mexico, and should be paid to the business that actually produces and supplies the product, but the Defendant is Chinese.