손해배상(기)
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. The Plaintiff is a juristic person operating manufacturing and selling business, such as the Pakistan, and D is a person who retired from office around June 9, 2008, while serving as an accounting employee of the Plaintiff. < Amended by Presidential Decree No. 24200, Mar. 20, 2018>
The defendants are D and South Korea.
B. As a result of the relevant criminal case, the Plaintiff filed a criminal complaint against the crime that “D created a separate deposit account under the name of the corporation and embezzled the sales proceeds by receiving deposits from the customer by informing the customer.” The court of the first instance sentenced D on February 12, 2019 to three years of imprisonment (Seoul District Court 2018Dahap242). The main contents of the criminal facts recognized as D are as follows (No. 2; hereinafter referred to as “instant embezzlement”).
2) Defendant E, Defendant D’s co-principal conduct, and Defendant D, who had been in custody of the victimized Company (Plaintiff) in advance, had the name of the victimized Company in the name of the victimized Company (D and E), other than the corporate revenue accounts designated by the power of attorney, with the intention of using the Busan Bank account (Account Number: F) in which the Defendants (D and E) arbitrarily opened in the name of the victimized Company (the damaged Company).
On May 21, 2013, the above Defendants conspired and embezzled KRW 30,958,550 from the customer of the victimized company to the Busan Bank account opened at the above victimized company’s office, and embezzled it. From June 18, 2014, the Defendants embezzled KRW 989,250,493 in total from that time to June 18, 2014.
3. When Defendant D, Defendant G D, and Defendant G have ceased to use the Busan bank account as stated in paragraph (2) due to their personal circumstances, the damaged company’s seal impression, corporate seal impression, and power of attorney, which were kept in their custody, in addition to the amount of the corporate revenue of the victimized company designated by the above Defendants, the above Defendants were in the name of the victimized company established at will.