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(영문) 서울북부지방법원 2020.06.05 2018가단134120

부당이득금

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. Defendant B, from April 21, 2014 to July 28, 2018, worked as a business employee from “E” to the Plaintiff’s management in Dongdaemun-gu Seoul Dongdaemun-gu, Seoul, as the business employee, sold home appliances to the customers and received the sales proceeds in cash, delivered the home appliances to the store depot, and paid the sales proceeds through the store terminal in the case of settlement by the card, and transferred the money to the account in the case of remittance to the account.

B. Defendant B from March 30, 2017 to July 22, 2018

As stated in the foregoing paragraph, the Plaintiff’s management E, sold home appliances more than 30 times, and then embezzled money equivalent to KRW 72,997,300 in total by receiving sales proceeds from Defendant B’s account in cash or by arbitrarily consuming them for personal purposes (hereinafter “instant embezzlement”).

C. Defendant B was indicted as Seoul Western District Court 2019Kadan927 on the criminal facts of the instant embezzlement. On December 10, 2019, the said judgment was continued, Defendant B drafted a written agreement with the Plaintiff (hereinafter “instant agreement”) and paid KRW 40,000,000 to the Plaintiff immediately after the formation of the instant agreement.

As the Plaintiff and Defendant B agreed to pay a KRW 0 million in the above case of Defendant B of the 2019 Highest 927 of the Written Agreement (U.S.) and the Defendant B, the written agreement will not be prepared in order to have the Defendant want to be punished.

And I will not raise any civil or criminal objection.

To the maximum extent possible, the presiding judge who remains shall be the subject of the State. D.

On December 11, 2019, the Seoul Western District Court found Defendant B guilty of all the criminal facts of the embezzlement of this case and sentenced Defendant B to the suspended sentence of two years in October. The above judgment became final and conclusive on December 19, 2019.

E. Defendant C is the spouse of Defendant B.

[Ground of recognition] dispute.