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(영문) 인천지방법원 2017.10.19 2015가단231701

손해배상(기)

Text

1. Defendant B’s KRW 1,900,000 as well as 5% per annum from August 28, 2015 to October 19, 2017 to the Plaintiff.

Reasons

1. Facts of recognition;

A. Defendant B, from November 2013 to December 2014, practically operated the Plaintiff, a village company, and was in charge of accounting of the State subsidies and various profits.

Defendant C is the former spouse of Defendant B, and Defendant D is a public official working for E, etc. in the Nam-gu Incheon Metropolitan City Office.

B. F, the Plaintiff’s representative, filed a complaint for occupational embezzlement against Defendant B, and Defendant B was indicted for occupational embezzlement, fraud, and violation of the Subsidy Management Act by the Incheon District Court Decision 2015Da339, and was sentenced to a suspended sentence of three years on October 29, 2015, and the said judgment became final and conclusive around that time.

C. Among the criminal facts found guilty against Defendant B in the criminal trial, the summary of the criminal facts that the Plaintiff became the victim of occupational embezzlement is as follows.

(1) The Plaintiff’s total amount of damages is KRW 12,178,885). ① Although there was no fact that goods, such as event containers, etc., were supplied by G around November 14, 2014, false disbursement resolution was prepared and embezzled by receiving KRW 2,635,00 from the post office account under the name of Defendant B to transfer KRW 2,635,00 to the post office account in the name of Defendant B; ② false disbursement resolution was prepared and embezzled by receiving KRW 1,220,00 from the H around December 2, 2013 to the new bank account under the name of Defendant C; ④ KRW 3,00,000,000 from December 24, 2013 to embezzlement KRW 20,000 in the name of Defendant C; ④ KRW 3,00,000 in the name of Defendant 2,00 in the name of Defendant 3,00,000 in the name of Defendant 10,008.