The Defendant was engaged in the steel structure construction business, etc. with the trade name “D” in Busan B building C, and the Defendant had no intent or ability to normally perform construction works even if he was awarded a contract for construction works from the victim E due to excessive liabilities exceeding KRW 60 million due to unpaid wages, etc. from June 2013 to June.

1. On January 17, 2014, the Defendant entered into a construction contract with the victim to receive KRW 363 million from the victim on or around January 17, 2014, among G new construction projects executed by the victim in the Gyeongnam Kim-si, Kim Jong-si, the Defendant entered into a contract for construction with the victim to receive KRW 363 million from the victim on or around January 17, 2014. The fact is that, despite the victim’s intent or ability to purchase materials as the down payment received from the victim, the Defendant received KRW 20 million from the victim as the down payment for the said construction project because the purchase price, etc. of materials is necessary to perform the smooth construction project, thereby making payment to the victim as the down payment for the said construction project.

2. Around January 27, 2014, the Defendant purchased H-BAM, which is a construction material, from H-BAM on or around January 27, 2014, from H-BAM on or around January 27, 2014. The fact is that: (a) the Defendant purchased from H-BAM, which was purchased from H-H; or (b) the Defendant did not have the intent or ability to properly pay the purchase price to H-BAM; (c) the Defendant purchased from H-H and attempted to use the H-BAM in the new construction, and (d) the Defendant would faithfully pay the amount of joint and several liability to the victim, i.e., the victim’s joint and several liability to purchase the total market value of H-BAM 107 tons from H; and (d) around that time, he/she would make the Defendant jointly and severally provide joint and several surety to the Defendant at the construction site.