A. The Plaintiff related to the parties is a corporation established for the purpose of wholesale and trade of products or parts and accessories, such as flusing, damfers, and fex links, which are parts of diesel engine, used in large vessels, as Korean branch offices of the Austria located in the Austria, and the Defendant is a person who served as the representative director from June 30, 2004 to June 12, 2013.

B. Defendant’s embezzlement 1) on June 30, 2015, the Defendant embezzled KRW 31,116,500 in total for 57 times from January 21, 2008 to May 6, 2013 while the Defendant kept the Plaintiff’s representative director, and embezzled it by arbitrarily remitting KRW 31,116,50 in the name of donation to Diplomatic E, etc., and embezzled it; ② from January 16, 208 to May 20, 2013, as indicated in the “detailed statement on the purchase of merchandise coupons” in the attached Form 167 times, the Defendant embezzled KRW 294,80,00 in total after purchasing merchandise coupons over 167 and commercialized them; ③ from January 1, 2008 to November 30, 2013, the Defendant did not prosecute the Plaintiff’s criminal case as the Defendant’s wages embezzlement and embezzlement of KRW 31,981 in total for the same criminal case as the Defendant’s wages.

[2] On June 24, 2016, the first instance court recognized all the facts charged and sentenced the Defendant to a three-year imprisonment.

Since then, the defendant appealed against the above judgment, and the court of appeal (such as the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement, etc.) of Busan High Court 2016No461) reversed the judgment of the first court on December 22, 2016, and in addition, in relation to the total amount of KRW 31,116,50 paid as the donation, the donation shall be made