However, D operated by the Defendant had no intention or ability to pay the amount as agreed upon even if it was supplied by the obligees in the state of provisional attachment since early 2011, when it was timely conducted by the Defendant, it was more than KRW 400 million due to the Defendant’s failure to pay the amount of parts to the Supplier from the second half of 2010 to the due date of payment. Since early 2011, D’s real estate was also subject to provisional attachment from the obligees, there was no intention or ability to pay the amount as agreed.

Nevertheless, the Defendant, as such, by deceiving the victim, received parts, such as presses, etc. equivalent to KRW 806,00 from D to D from July 8, 2011 from the victim, as the supply name, and acquired them under the same name as a total of KRW 33,321,050 from the time to January 13, 2012.

2. Determination

A. The gist of the facts charged in the instant case is that the Defendant, without any intention or ability to repay the price of the goods, obtained by deceiving the parts equivalent to KRW 33,321,050 in total from July 8, 201 to January 13, 2012.

B. The defendant's partial statement in court, each investigation report (the hearing of witnesses related to the suspect's debts, accompanying a certified copy of the real estate register), investigation report (Attachment of D statement of financial position, etc.), and each investigation report.