From around February 2003, the Defendant operated a pota restaurant with the trade name of Busan Jin-gu, Busan (hereinafter “G”) (from around February 2010, the Defendant operated a pota restaurant with the trade name of “D,” “E,” “E,” “F,” and “F,” respectively, closed around September 2004, from around July 2004, the Defendant established a company G (hereinafter “G”) at the same place to supply food materials, such as pota, at a 40 to 50 restaurant chain stores.

G not only decreased the number of chain stores from around 2008 due to the reduction of chain stores, but also the government delivery business that began around that time, causing a deficit in the cost amounting to KRW 30 million to KRW 40 million per month. In addition to the fact that new banks have been liable for a loan of KRW 60 million to the Credit Guarantee Fund and a loan of KRW 300 million to the Credit Guarantee Fund, the interest burden was increased due to an additional loan of KRW 70 million from a company bank in order to pay the amount of penalty surcharges in around 2008.

From around 2008, the above restaurant operated by the defendant was reduced in sales, and there was an enemy, and the amount of 6 to 700 million won of funds held by the defendant was provided as security for the loans owed by the above company bank by G, and the defendant could not be used by the defendant, and there was no other property that was collected in the name of the denial.

Therefore, after around 2008, G or the defendant could not pay the total price even if he received food materials.

Nevertheless, the Defendant, around November 2008, stated that “Around November 2008, the Defendant: (a) provided the victim H with the delivery of the swine machine, there is any property that was released in the name of denial despite the increase of the outstanding amount; and (b) included a few hundred million won in the fund; and (c) thus, the Defendant may repay the outstanding amount at any time from the victim H to September 201, 208.” The amount equivalent to KRW 89,823,630, French swine machine from November 2008 to September 201.