A defendant shall be punished by imprisonment with prison labor for up to six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant was a person who operated the “C” as a manufacturer of children’s clothing in Cheongyang-gu, China, and the Victim D (Representative E) Co., Ltd. is a company that produces and supplies the clothing of children in Seoul.

On August 9, 2013, the Defendant: “Around August 9, 2013, the Defendant sent e-mail e-mail to the above E “W” the total cost of KRW 31,500 for children’s clothes to Korea from October 13, 2013, the Defendant sent 20,000 to the Republic of Korea for the selection of the original son and the down payment.”

However, at the time, the Defendant did not have any particular property and income, and was unable to continue to conduct the business in China due to the obligation of approximately KRW 57,200,000,000, and was actually unable to select the said originals to Chinese enterprises, and was scheduled not to return to China from the next day following the receipt of the said money, and thus, there was no intention or ability to produce and deliver the child’s clothes to the victim even if receiving the money from the victim.

Around August 12, 2013, the Defendant received money from the victim as KRW 19,144,145 ($ 17,177) under the name of contract deposit, etc. from the F account, a local trade company designated by the Defendant, in China.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes governing filing of complaint, written contract, mail contents, remittance details, written confirmation, and individual immigration status;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense, the choice of punishment, and imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommending punishment] is that the mitigated area (one month to one year) for types 1 (less than 100 million won) (one month to one year) of the mitigated area (special mitigation] (the decision of sentencing] of the mitigated area, or where considerable damage has been recovered [the decision of sentencing] is an element for sentencing disadvantageous to the defendant.

Defendant is attempting to commit a crime.