[2018 Highest 338]

1. The Defendant is a person operating E in Busan High-gu C and Kimhae-si D, and the victim F Co., Ltd. is a manufacturer of building materials in Daegu Northern-gu G.

The Defendant, from October 17, 2016, received a V produced by the victim company from around October 17, 2016 and performed gold work in C, and supplied it to other companies, making it difficult to manage the company due to the fact that the proceeds from gold would not have been anticipated, and as the business establishment of the victim company was faced with difficulties, around December 2, 2016, the Ministry of Business and Vice Minister written the written indictment as “I” but it appears to be a clerical error of “H”.

A false statement was made to the effect that “I would like to report the sale of a V solution, but I would like to deliver a V to E, and the price will be settled on a 40-day basis after the end of each month.”

However, in fact, the Defendant: (a) paid the price for the goods to be paid to other companies at the time; and (b) there was a need to pay KRW 36 million monthly personnel expenses for the employees of two companies that he operated; and (c) even if the goods were supplied and sold by the victim company, he/she was thought to use the said two companies’ operating funds; and (d) there was no intent or ability to pay the said price to the victim company.

Ultimately, the Defendant, by deceiving the victim company as above, received 2,282,00 computer voltss worth 26,210 computer voltss from the victim company from around that time to March 31, 2017, and received 115,960 computer voltss worth KRW 82,350,950 as shown in the separate crime list from around March 31, 2017.

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

[2018 Highest 2290]

2. The Defendant is a person operating E in Kimhae-si D.

On January 2017, the Defendant issued a false tax invoice to the victim K who operates the J, which is a business partner, at the end of 2017.