[2014 Highest 2187]

1. Around January 2012, the defrauded concluded to the effect that “If the pipe is supplied to the outside, the payment will be made without being made on the last day of each month” to F operating the victim E company at the office of the victim E company located in Bupyeong-gu Incheon Bupyeong-gu, Incheon.

However, in fact, G Co., Ltd. (hereinafter “G”) operated by the Defendant had already been urged by creditors to pay for the amount of KRW 300 million to other customers, and had been reported to the large amount of KRW 8 million per month, and there was no intention or ability to pay for the goods provided by others even if they were to be supplied with the goods in arrears to the employees in arrears.

Around January 9, 2012, the Defendant was supplied by the victim company with Dong pipes equivalent to KRW 4,429,337 of the market price, as well as goods equivalent to the total market price of KRW 221,070,805, in total, 29 times from May 31, 2012.

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

2. In order to pay goods to the victim company as a manager of G, the Defendant, as a manager of G, purchased a total of 3 million won per promissory note, and subsequently, purchased a total of 2 copies of a promissory note, which shall be called a brupted bill, with intent to pay to the victim company after arbitrarily stating the endorser column of the promissory note.

On April 1, 2012, the Defendant, at the G’s office located at Sinsi-si (H), puts on the first endorsement column of the Promissory Notes, “Seoul Metropolitan Government I (State), J, and K,” the name of the Defendant, next to the name, on which the Defendant puts on the first endorsement column of the Promissory Notes, the number of the Promissory Notes issued by Samsvi-si Co., Ltd., for the purpose of its exercise, “self-077184,” “The date of payment,” “Seoul Special Metropolitan City,” and “the amount of the Promissory Notes 1,000,000 won.”