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(영문) 수원지방법원 성남지원 2021.01.08 2019가합408353

손해배상(기)

Text

Defendant B’s KRW 5,00,000 and for this, 5% per annum from August 27, 2019 to January 8, 2021, and the following.

Reasons

1. Basic facts

A. The Plaintiff is the representative director of D Co., Ltd. (hereinafter “D”) who works as a joint representative director from June 2004 to December 201, 201, and currently is E Co., Ltd. (hereinafter “E”) which is the same type of business as D (hereinafter “E”).

Meanwhile, Defendant B (F prior to the opening of name) is a person in charge of loan management, fund management, insurance management, etc. while working as the deputy head of the management department from April 2006 to November 201, 2013. Defendant C works as the joint representative director of D together with the Plaintiff, and the Plaintiff was retired from the office of joint representative director of D and then currently is serving as the sole representative director of D.

B. Around June 7, 2017, Defendant B embezzled KRW 726,419,392 of the insurance proceeds, etc. transferred to D’s account established by the above Defendant from November 30, 2006 to December 23, 2013; Defendant B’s embezzlement of KRW 1,250,000,000, borrowed from D’s name from March 31, 2008 to December 24, 2010, on the grounds that he/she embezzled the said criminal facts under the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) (Seoul Northern District Court Decision 2017Da195, Sept. 195, 205). Defendant B consistently testified Defendant B’s criminal facts during the investigation process, including daily living expenses, etc.; and the aforementioned court consistently testified Defendant B’s criminal facts during the investigation process, etc.

2) Defendant B appealed against the above judgment on the grounds of unfair sentencing (Seoul High Court Decision 2017No2763), and the above court concluded the pleadings of the instant case on October 26, 2017.

A statement person: With respect to the case of Defendant B Seoul High Court 2017No. 2763, the person himself/herself is aware of his/her experience as follows.