A. E, which is a Malaysia, (hereinafter referred to as “E”) established the Plaintiff on November 28, 2013 by investing 100% of the equity interest.

From January 2014 to June 2015, the Plaintiff’s trade name Malaysia from the first floor of Yongsan-gu Seoul Metropolitan Government F to Malaysia.

Li Specialized restaurant (hereinafter referred to as “instant restaurant”) was operated.

B. From November 28, 2013 to August 3, 2015, Defendant B, who is a director in-house of the Plaintiff, actually operated the instant restaurant.

From January 2015, Defendant C, the births of Defendant B, was in charge of managing the Plaintiff’s funds on behalf of Defendant B in the instant restaurant, and Defendant D, the mother of Defendant B, served as a cleaning manager from September 2014 to January 2015.

C. Defendant B received KRW 900,301,868 from E on January 15, 2014, around the starting date of the instant restaurant business, from the national bank account under the Plaintiff’s name (Account Number H; hereinafter “first account”), and used the said account as the Plaintiff’s principal transaction account.

On October 15, 2014, Defendant B opened a national bank account (Account I; hereinafter “Second Account”) under the Plaintiff’s name and transferred KRW 28 million from the first account to the second account.

The Defendants used part of the money stored in the first and second accounts in the Plaintiff’s name for private purposes, and Defendant B and C removed the machinery and materials in the instant restaurant from the outside.

E. The Defendants were indicted as charges of occupational embezzlement and nighttime larceny as Seoul Western District Court 2016Kadan181.

On February 13, 2018, the above court found the defendant guilty of facts constituting the crime as follows.

(1) The Defendants conspired and did not work for the restaurant in this case five times from February 2, 2015 to June 14, 2015.