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(영문) 부산지방법원 2019.10.31 2018가단309442

손해배상(기)

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Status 1 of the parties concerned) The plaintiff is Busan Dongdong-gu A apartment (hereinafter "the apartment of this case").

(2) Defendant B is a person in charge of the management of the instant apartment from March 2006 to October 31, 2016, and Defendant C was working as the head of the management office of the instant apartment from October 31, 2016.

B. The Defendants were subject to criminal punishment against the Defendants on January 10, 2018 by Busan District Court Decision 2017Da5222, and Defendant B was sentenced to imprisonment for 10 months, 2 years of suspended execution, 3 months of imprisonment for 4 months, and 1 year of suspended execution, and the above judgment became final and conclusive on January 18 of the same month.

[Defendant B] The Defendant was willing to withdraw cash from the above account and pay the credit card price as the amount of the credit card price used by the Defendant was insufficient while keeping the passbook in the name of the D Bank Management Office (E) in the course of business, which includes the repair fund collected from the occupants of the apartment of this case.

On April 26, 2007, the Defendant, at the apartment management office of the instant apartment, obtained from C the seal necessary to withdraw cash from the said account, and then voluntarily withdrawn KRW 5,00,000 from the said account from the said account by presenting the passbook and the seal to an employee at the point located in the Busan East-gu, Busan, and used it as credit card price from around that time to July 25, 2016, and embezzled by using it.

[Defendant C: Around April 26, 2007, the Defendant, while keeping the seal necessary to withdraw cash at the above D Bank’s account at the apartment management office of this case, made it easy to commit the crime of embezzlement as referred to in B by bringing the seal to B.