The Defendant established and operated D, which is a production and supply company of military mother and child, from around 2004, and entered into a contract with the Defense Acquisition Program Administration to supply E 37,000 won for the total price of KRW 197,2460,000 to April 20, 201.

However, even though the company continues to operate the company, there is no particular expertise or specialized technical ability, and there is no different asset or operating funds in the water. However, even if the company's size is so small compared to the terms of the contract, it is practically impossible to produce and supply E in a short period as agreed upon with the initial defense business office in accordance with the contract agreement, even though it is too small to have sufficient human resources or facilities to produce large quantities of E in the short period, it is practically impossible to enter into the contract with the above agency for the purpose of production and supply of large quantities of E in the short period. In particular, according to the business plan related to the above contract, it is stipulated that the whole quantity of E shall be produced and supplied in Korea. However, in order to meet the payment period and quantity, even if it is in violation of the contract, it was inevitable to import the whole quantity of finished products of low price E in China and take care of them as if they were directly produced in the Republic of Korea, and even if there is a large amount of defense obligation to solve the customer, even if it did not receive funds from the above contractor, it did not have any possibility.

Although there are some circumstances, the defendant is paid in advance at the Defense Acquisition Program Administration in consideration of the size of the contract.