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(영문) 서울중앙지방법원 2017.11.24 2015가합567291

손해배상(기)

Text

1.(a)

Defendant B and C jointly share to the Plaintiff KRW 2,308,435,80, and Defendant B’s relation thereto from November 3, 2015.

Reasons

1. Basic facts

A. The Plaintiff is a company that operates a mobile phone sales business. From September 2, 2013, Defendant B served as the director in the mobile product team at the Plaintiff’s headquarters from September 2, 2013, and Defendant C is a mobile phone dealer as an elementary school-friendly district of Defendant B, and Defendant D is Defendant B’s wife.

나. 횡령범행 피고 B, C은, 피고 B이 휴대폰 공급업체인 SK네트웍스 주식회사(이하 ‘SK네트웍스’라 한다)가 운영하는 인터넷 사이트인 ‘SK 텔레프라자’를 통해 휴대폰을 주문하면서 원고의 전산시스템(HISIS)에는 그 주문량을 누락시켜 원고 측에서 그 주문 사실을 알지 못하게 하고 피고 C이 SK네트웍스의 물류센터나 원고의 물류센터 및 개통센터에서 휴대폰을 직접 수령하여 빼돌린 다음 외국인을 상대로 판매하거나 외국에 수출하는 방법으로, 별지 범죄일람표 기재와 같이 2014. 1. 21.부터 2015. 7. 16.까지 14회에 걸쳐 휴대폰 2,667대(시가 합계 2,308,435,800원 상당)를 횡령하였다.

C. Defendant B and D couple acquired the instant apartment and passenger car (hereinafter “instant apartment”) on March 26, 2014, which was about two months after the date of the commencement of the crime of embezzlement by Defendant B and C (hereinafter “instant apartment”).

(2) Upon purchasing KRW 350,00,000 and completing the registration of ownership transfer on May 30, 2014, Defendant B and D, each of which is one-half shares, respectively. (2) Defendant D purchased a Fysting car (hereinafter “instant car”) around May 2014 during the said embezzlement period, and completed the registration under the said Defendant’s name on May 28, 2014.

Defendant D’s financial transaction details 1) The period from January 21, 2014 to May 30, 2014, which was the commencement date of the crime of embezzlement from the commencement date of embezzlement to the acquisition date of the apartment of this case) to May 30, 2014, Defendant B’s bank account in Defendant D’s name (G; hereinafter “instant account”). < Amended by Presidential Decree No. 25072, May 30, 2014>