In addition to advance payment, it received orders from sales agents of the Scept's clothes, and manufactured the Scept's clothing in China and supplied it or made Scept's clothes by means of Internet sales, etc.

On November 2013, the Defendant failed to provide clothing equivalent to KRW 34,089,00 in advance payment of KRW 166,185,250, and the Defendant was urged to pay the loan borrowed from another person. Moreover, since the Defendant was unable to pay the unpaid amount of goods borrowed from the other person, other than the victim, and the Plaintiff was unable to pay the unpaid amount of goods, health insurance premiums, etc., the Defendant did not have any intent or ability to provide clothing even if it received money from the victim under the pretext of advance payment.

Nevertheless, on September 2013, the Defendant made a false statement to the effect that “The Defendant shall deliver Switzerlands with advance payment of KRW 25 million to the victim from November 2013, 2013, and complete payment of the money received as advance payment to the victim.”

As above, the defendant deceivings the victim as above, and is in the deposit account in the name of a national bank under the name of the defendant for the consideration of goods from the victim, the amount of KRW 7 million on September 13, 2013, and the same year.

9. A person received a remittance of KRW 6 million, KRW 4 million on July 4, 24, KRW 100,000 on October 21 of the same year, KRW 1 million on October 25 of the same year, KRW 4 million on October 25 of the same year, KRW 50,000 on November 4 of the same year, KRW 50,000 on or around November 12 of the same year, and KRW 25 million on or around November 12 of the same year.

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

2. Determination

A. The Defendant asserted that the Defendant was using the advance payment made by the victim from 2009, and then manufactured a small amount of the object by item to the victim.