The Defendant operated a distributor with the trade name “D” on the second floor of Daejeon Dong-gu Seoul Building. From January 201 to October 13, 2010, the Defendant supplied rice on credit from the victim F, the representative of “E”, from around October 2010 to around October 13, 2010, sold rice and industrial products to a trader, such as “G”.

The Defendant, while running a distribution business around October 2005, was in bad faith, was liable for a total of 50 million won or more to the Credit Guarantee Fund, etc. from around 2006, and around October 2010, the rice price that was not paid to the victim was more than 400 million won while doing rice transactions with the victim. In addition, since bills or checks equivalent to 240 million won paid by the Defendant from around October 2010 to December 201 as the name of the payment for the goods was returned or confirmed as a forged bill, the collection of the claims owed by the Defendant against the trading company was unclear, and there was no particular profit compared to the expenditures. Since the Defendant started to make profits from the distribution business after March 201, the Defendant did not have any specific intent or ability to pay the amount by subrogation to the victim or by paying the amount from the victim under the name of the bill.

1. On July 21, 2010, the Defendant: (a) received two copies of a promissory note in the name of KRW 30 million from the Victim F on the pretext that a bill needs to be prepared; and (b) agreed on October 15, 2010 and 20.

On October 13, 2010, the Defendant, within the foregoing “D” office and, as a result, was unable to pay the amount of the said bill, made a false statement to the victim stating that “I would pay the outstanding amount later if I would pay the amount of the bill instead of the bill.”

However, the defendant was in excess of his/her obligation as above.