However, at the time, the Defendant was unable to pay the monthly salary to D employees at a very poor financial position, such as failure to pay D employees at a time, and even if he was supplied with special escape and accessories from the victim, the Defendant did not have the intent and ability to pay the price.

Nevertheless, the Defendant received from the victim a total of KRW 5,041,00 for three times from February 6, 2012 to March 20, 2012, and obtained the supply of a special strawer and its accessories equivalent to KRW 5,041,00.

2. According to the evidence submitted by the prosecutor, the defendant was introduced by the head of F division, who is the working person of the victim company, at the time of the first transaction with the victim company set forth in the evidence submitted by the prosecutor (hereinafter “victim company”). The defendant had already been responsible for a considerable amount of debt at the time of being supplied by the victim company to the victim company. The defendant sold the factory site of D Co., Ltd. (hereinafter “D”) on April 24, 2012. The defendant can confirm the fact that he closed the registration of D’s business on May 31, 2012. However, the defendant cannot be readily concluded that he acquired the victim company's peculiar 5,041,00 won by taking over the victim company and its accessories without any intent to pay the price.

Rather, the following can be confirmed by the trial and the record of the instant case. In other words, D, which was operated by the Defendant, began to manufacture a wing wing string (a structure attached to the front name and the tower) by entering G around November 201 in order to convert the type of business into the management deterioration. < Amended by Presidential Decree No. 23284, Nov. 1, 2011>