Around June 2012, the Defendant, at the office of the Victim F Co., Ltd. (hereinafter “victim Company”) located in Gangnam-gu Seoul, concluded a contract for the supply of clothing with the Victim Company (hereinafter “instant contract”) stating that “W will pay 30 percent in advance to H, an employee of the Victim Company,” and that “W will pay 30 percent in advance to H, an employee of the Victim Company.”

After that, the Defendant failed to pay advance payment to the victim company, and caused G to make a false statement to the effect that “I would pay the advance payment immediately after being supplied” to H on July 2012.

However, the facts, D, from April 2012, did not have good financial standing.

In particular, around August 31, 2012, financial standing such as registering the establishment of exclusive license to I, the registered trademark D, and borrowing money, has deteriorated more.

In addition, there was no special property owned by the defendant or D.

Therefore, even if the defendant is supplied with clothing from the victim company, he did not have the intent or ability to pay the price to the victim company.

Nevertheless, on October 31, 2012, the Defendant, by deceiving the victim company, was supplied with clothing equivalent to KRW 58,566,000 at the market price (hereinafter “the primary supply”) by the victim company (hereinafter “the secondary supply”), and acquired them by means of delivery of clothing equivalent to KRW 170,098,50 at the market price around November 30, 2012 (hereinafter “the secondary supply”).

2. Summary of the defendant and his defense counsel

A. The defendant would pay advance payment to the victim company.

There is no fact that it has attempted to pay the price immediately after being supplied or delivered.

In addition, G, an employee, ordered G to conclude a contract under the above payment terms, or made an advance payment, etc. from G in relation to the instant contract.