[Basic Facts] The Defendant is a person who served as an employee of C Co., Ltd. (hereinafter “C”), a food material distributor, and D is a person who operated the above C.

D Around April 201, around 201, a contract was concluded between E (hereinafter “E”) and E (hereinafter “E”) to receive food materials from an enterprise designated by E and deliver them to a restaurant designated by C (one-time logistics agency).

On May 201, the Defendant: (a) at C office located in Gangdong-gu Seoul Metropolitan Government F, designated D as a supplier of food materials from D to “G registered in four names”; (b) received supply from other food materials distributors companies in the name of G; (c) obtained credit by receiving small amount of supply and paying all the amount; and (d) received delivery as much as possible, and then received the payment from E and received the payment. Accordingly, the Defendant accepted the proposal, upon receiving a proposal, to the effect that “The remainder of the payment shall be appropriated as the debt repayment set up against D with the payment owed to D, with the reduction of the remainder of the money.”

[2012 Highest 958] The Defendant received contact information from D from a person in charge of the business of a fishery product distribution company, and commenced each transaction with H and I Co., Ltd. and J and K on May 201, 201. Around that time, D holds a bank passbook, security card, etc. established in G name, and made payment to each of the above damaged companies on May 201. Around May 30, 201, G acquired the trust of each of the above damaged companies, and the Defendant received a delivery of a lower amount of KRW 1,740,000 at a market price from J around May 25, 201, as well as delivery of a lower amount of KRW 1,740,000 at a market price from May 25, 2011.

6. Until 30.30.30, fishery products equivalent to the total amount of KRW 246,204,00 were supplied from the damaged companies as shown in the annexed list of crimes (1).

Accordingly, the defendant is D.