In fact, even if the defendant was supplied with Aluminium by the victim LAE and exported it to the "F" located in the United States, he had a debt equivalent to the number of million won at that time, and even if he was paid the price from the above U.S. company, even if he was paid the price from the above U.S. company, he did not intend to use it as his debt repayment and child study expenses, etc., and there was no intention to pay it

Nevertheless, on April 2010, the Defendant concluded that “The Defendant would be supplied with Aluminium from E and export it to F in the United States and pay the price after two months from the date of factory release” at the Changwon-si G (State), and that it was supplied with 81,963,108 Aluminium totaling the market price of 12,091k for four times between July 2010 and August 2010, and then supplied the victim with 81,963,108 Aluminium totaling the market price of 12,091k.

8. The amount of money equivalent to KRW 64,504,010, except for the products discovered from October to February 27 of the same month, was paid from the U.S. F, but was used personally to acquire the amount of money equivalent to that amount.

2. Determination:

가. 인정사실 기록에 의하면 ① 피고인은 2002년경부터 ‘D’이라는 상호로 알루미늄 유통업체를 운영하였는데, 2010. 4.경 피해자 ㈜E(이하 ‘E’이라고 한다)을 사업상 알게 된 후, 2010. 5.경 E과 사이에, E으로부터 ‘압출단품 �칭 무피막 산업소재’(이하 ‘알루미늄 제품’이라 한다)를 공급받되, 그 대금은 공급받은 날짜로부터 2개월 내 지급하기로 하는 계약을 체결하고, 2010. 7. 7.경부터 같은 해

8. The fact that by the time of March 31, 81, the Defendant was supplied with 12,091km products (6,779 won per kilogram) equivalent to 81,963,108 won, and 2, the Defendant supplied with aluminium products from E.