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(영문) 부산지방법원동부지원 2017.11.30 2015가합100968

손해배상(기)

Text

1. The Plaintiff, Defendant B, and Defendant C, jointly with Defendant B, set forth in KRW 183,200,000, and KRW 30,000 among the above amounts.

Reasons

Facts of recognition

The relevant defendant B is a person who has supported the plaintiff's living while maintaining the friendship of a de facto marital relationship with the plaintiff.

Defendant C is a child of Defendant B, and Defendant D is a person who married with Defendant C but was married on or around May 2013.

Defendant B’s crime of embezzlement of this case, upon receiving a request from the Plaintiff that “the purchase of goods necessary for life, the payment of public charges, and the payment of necessary bank services,” which may not be seen as a bank business, is more intelligent than normal person around January 2007, Defendant B received each passbook, cash card, and BC card connected to the above account, and stored for the Plaintiff after being issued one copy of each passbook, cash card, and the FC card connected to the Plaintiff’s wage, etc. under the name of the Plaintiff.

Defendant B, around August 10, 2010, withdrawn 30 million won, which was kept in the Busan Bank account in the name of the Plaintiff for the Plaintiff, deposited into his own agricultural bank account and embezzled by using it for personal purposes, and embezzled 33 million won in total on two occasions from around that time to September 19, 2012, as shown in the List (1).

around April 10, 2008, Defendant B embezzled KRW 100,60,000,000, which was kept in the Busan Bank account in the name of the Plaintiff for the Plaintiff, for personal purposes, by arbitrarily withdrawing the amount of KRW 15,000,00, which was deposited in the account in the name of the Plaintiff, and then depositing it into the account in the name of the Plaintiff. From around that time to September 24, 2014, Defendant B embezzled KRW 10,000,00 in total as shown in the table of sight (2), No. 2, No. 3 (4.3 million), No. 4 (10,000,000) and No. 5 through 11.

Defendant B, at the same place as of January 6, 2009, arbitrarily withdrawn KRW 25,00,000, which was kept in the account in the name of the Plaintiff for the Plaintiff, and embezzled by using it for personal purposes, such as deposit in the account in the name of the Plaintiff’s term deposit. From that time to December 26, 2014.