The defendant shall be innocent.

1. On September 7, 2016, the summary of the facts charged by the Defendant stated that “A” operated by the Defendant located in Seocho-gu Seoul Metropolitan Government, supplied the victim D with a total of 415.9 Hds by November 10, 2016, the Defendant would pay the price by November 10, 2016.”

However, the Defendant did not have any intention or ability to pay the amount even if he received the original amount from the injured party because the Defendant had to pay the interest on the loan, wages to employees, retirement allowances, etc., even if he received the original amount from the injured party, even if he received the original amount.

On September 7, 2016, the Defendant received a total of 20,291,040 fibers from the injured party.

Accordingly, the defendant was given property by deceiving the victim.

2. On April 2016, the Defendant made a statement at an investigative agency to the effect that: (a) the Defendant had paid the price from the original body supplied by the investigative agency on a timely basis; (b) supplied the clothing produced by the original body from the injured party; and (c) received the amount of KRW 63 million from November 2016 to January 201, 2017; and (d) paid the amount to the employee’s wages; (b) paid the said employee’s wages to the customer who supplied the goods prior to the injured party; or (c) paid the company’s operating expenses, etc.

In the above statement, as stated in the above facts charged, it appears that the “C” of the Defendant’s operation was considerably difficult at the time when the Defendant was supplied with the original force from the injured party, as stated in the above facts charged, and such circumstance is consistent with the above facts charged

However, on the other hand, the following circumstances acknowledged by the evidence submitted in the instant case, i.e., (i) the Defendant established “C” around May 2015 and continued to produce and supply clothing until the place of business is closed, and (ii) recorded considerable sales in 2015 and 2016; and (iii) at the time the Defendant was supplied by the injured party as stated in the facts charged.