A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for 4 years from the date this judgment became final.

Criminal facts

The Defendant is a person who has operated a string house in the name of Geumcheon-gu Seoul Metropolitan Government 6th floor of the building B, and the victim D is a person who operated the clothing manufacturing enterprise in the trade name of “F” in Gwangjin-gu Seoul Metropolitan Government.

On April 201, the Defendant issued a large amount of supply contract at the time to the F office, and concluded that “A large amount of supply contract is a person specialized in the supply of the Cheongbababababababa in China,” and that “A large amount of 262,260 meters is supplied promptly at a low price. A large amount of 262,137 U.S. dollars (hereinafter “U.S. dollars”) shall be provided to the 587,137 U.S. dollars (hereinafter “U.S. dollars”) and a large amount of 81,336m Won among them shall be able to receive goods within seven days after payment for the price, USD 183,063 of the price for the 81,336m Won among them shall be changed before the shipment of the goods by means oft/t (cash transfer).”

However, at the time of fact, the defendant's Chinese business did not reach USD 10,000 per year and it was difficult to do so, and it was planned to use it for an urgent purpose, such as paying the outstanding amount, etc., by receiving the payment from the victim, and even if receiving the payment from the victim, there was no intention or ability to supply the original amount, and there was no intention or ability to return the amount received from the victim if it is not possible to supply the original amount.

As such, the Defendant, by deceiving the victim as such, received USD 183,032,00 on May 11, 201 from the victim to the Chinese financial institution account designated by the Defendant ($ 198,987,408 on June 16, 201, USD 61,516, USD 13,00 on June 16, 201, USD 91,516 on June 30, 201, and USD 183,032,032 on the basis of the original price, including USD 198,987,408 on the exchange rate base at the time).

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Determination of the Defendant’s assertion on promissory notes, cash storage certificates, identification note of the progress of the original shipment, receipt of remittance request, and details of remittance.