[2018 Highest 698] The defendant is a person who has worked as the director in charge of the support division in the victim B corporation, and has been in charge of ordering and managing raw and subsidiary materials and supplying products to the customer of the victim.

1. When the Defendant was unable to cope with the borrowed bonds in order to raise entertainment expenses, the Defendant received money from the party who was managed by him/her and received money from the party to the transaction in order to solve this problem, the Defendant was aware that the injured party was normally provided goods or services from the pertinent transaction partner, and was able to obtain money from the injured party by means of having the victim company pay the goods or service fees to the said transaction partner.

The Defendant: (a) around November 9, 2017, at the office of the victim of Hongcheon-gun Hongcheon-gun, the Defendant: (b) made false materials ordering ledger and transaction statement as if the victim was supplied with 18km from D, the customer of the victim, and sent them to the Seoul office of the victim as if the victim was supplied in a normal manner; and (c) caused the victim to transfer KRW 1,80,000 to E account (Account Number F) in the above D name on December 15, 2017; and (d) had the victim wired the victim from the victim’s office from July 16, 2016 to April 16, 2018 in the victim’s office as indicated in the list of crimes in the attached list of crimes to have 8 transaction parties deceive the victim, thereby getting the victim to receive the money from the damaged party.

2. The Defendant embezzled, around May 8, 2018, used for business purposes after the victim’s long-term lease at the above victim’s office.

G Spo-type car was kept in custody on June 9, 2018, while borrowing KRW 1,700,000 from I to H in front of the sexual party located in Suwon-si H at Suwon-si, and offered the said car as security at will and embezzled the above car amounting to KRW 27,900,000 at the market price.

【2018 order 791】