A. The Plaintiff is a company that produces and sells originals by processing imported cotton, etc., and the Defendant is a person who served as the head of the Plaintiff’s headquarters from January 2001 to March 2005 and from September 2006 to October 2014.

B. The Defendant, on the ground that C, D, E, and F, etc. (hereinafter “F, etc.”)’s local business entity is the largest seller, entered the original shipment unit price into the original shipment approval system of the Plaintiff Company (hereinafter “ERP system”) as if they sell goods at normal prices, released the original house, and sold the original house at a lower price of 2 to 30,000 won to the actual seller, such as “G, etc., a domestic company that is not F, etc., and received the payment in cash, and then revised the original unit price entered into the said ERP system at a lower price, and then intended to pay only the revised unit price to the Plaintiff Company through the highest seller to use the difference arising from the said transaction individually.

According to the above public offering, the Defendant received originals over 1,127 times from May 2, 2008 to September 30, 2014, and arbitrarily disposed of them to G, etc., and revised the unit sales price on the ERP system, thereby allowing only KRW 16,938,686,148 to pay to the Plaintiff Company through the most recent seller.

C. The Defendant: (a) sold goods equivalent to KRW 22,905,168,662, which were calculated on the basis of average unit price, etc. for the local business entity, with respect to the original company released as above in violation of the Plaintiff Company’s business duties; and (b) deposited only an amount equivalent to KRW 16,983,686,148, which is the difference in the Plaintiff Company; (c) incurred property loss of KRW 5,966,482,514, which is the difference; and (d) acquired property profit of the same amount, was charged with the Defendant under the Seoul Central District Court’s charge of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation); and (e) the said court recognized all the above criminal facts on September 2, 2016.