On October 11, 2010, “Around October 201, the victim and the Defendant entered into a sales contract on the cosmetic “s” to be developed by the victim and the Defendant, and subsequently, the victim would first pay KRW 60 million out of the total sales right amount of KRW 90 million to the victim, which would have the total sales right of the said product. The Plaintiff would substitute the pre-existing KRW 30 million with the payment of the down payment, and further request the remainder of KRW 30 million.”

However, as seen above, even if the Defendant received money from the injured party as the total purchase price, he thought that he would use it for his personal purpose, such as repayment of his debt and living expenses, and because there is no actual plan and fund to proceed with the process related to lot production, there was no intention or ability to produce and deliver lot at the time of promise made by the injured party.

On July 31, 2010, the Defendant received 30 million won in the corporate bank account in the name of the Defendant, and 30 million won in the same account on October 11, 2010 from the date of the transfer, as shown in the separate crime list from October 10, 2013 to December 10, 2013. The Defendant received a total of 260 million won in the form of 13 times, even though he/she did not have the intent or ability to implement the promise with the victim or to repay the borrowed money from the victim.

2. It is true that the defendant and the defense counsel's arguments are given a total of KRW 261 million as stated in the list of offenses in the attached Form.

However, a lot actually developed after receiving an investment from an injured party.