A. As the police assigned for special guard of the Defendant, the Plaintiff was in charge of the expenses for the extraction of aggregate operated by the Defendant, the sale of aggregate, and monitoring of unauthorized removal of aggregate.

B. However, the Plaintiff, who is an employee of an indefinite contract, illegally removed aggregate from C, D, E, F, G, H, and 7 districts aggregate extraction areas without permission and offered to receive money from the aggregate business entity. From May 2007 to April 2009, the Plaintiff removed aggregate amounting to 304,110,100 won (the amount of theft was 334,683,200 won in the facts charged in the first instance but was changed at the appellate court) from May 2007 to the market price was 40,84 cubic meters and stolen aggregate amounting to 30,884 cubic meters.

C. Accordingly, on October 11, 2011, the Plaintiff was indicted of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) by the Seo-gu District Court Branch of the Daegu District Court (Seoul District Court) and deposited KRW 167,977,600 as damages to the victim for the Defendant’s damages, including the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) (i.e., the Act on the Aggravated Punishment, etc. of Specific Crimes (i., the Act on the Aggravated Punishment, etc. of Specific Crimes) on the Aggravated Punishment, etc. of Daegu District Court (ii) on the Aggravated Punishment, etc. of Specific Crimes (ii) on the Aggravated Punishment, etc. of Specific Crimes (ii) on the Aggravated Punishment, etc. of Specific Crimes (ii) on the Aggravated Punishment, etc. of the said criminal trial. (iii) On January 5, 2012, the Plaintiff deposited KRW 30 million as the accomplice’s deposit.

On the other hand, on January 12, 2012, the Plaintiff was sentenced to three years of imprisonment and a fine of 3.6 million won in the above criminal first instance court. On May 21, 2012, the Plaintiff was sentenced to one year and six months of imprisonment and fine of 2 million won in the Daegu High Court (2012No53) which was the appellate court, and the said judgment became final and conclusive around that time.

E. After that, the Defendant filed a lawsuit against the Plaintiff seeking damages due to the said theft as the Seogu District Court Branch Decision 2012Gahap1956, and the first instance court dismissed the claim, but the judgment which accepted the Defendant’s claim at the appellate court (Seoul High Court Decision 2013Na21537) became final and conclusive around that time.

(c).