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(영문) 서울중앙지방법원 2018.06.22 2017가합547420

손해배상(기)

Text

1. Defendant (Counterclaim Plaintiff) B: (a) KRW 371,563,502 against the Plaintiff (Counterclaim Defendant) and its related amount from April 18, 2018 to June 22, 2018.

Reasons

1. Basic facts

A. The Plaintiff is a legal entity established for the purpose of publishing newspapers related to farming materials, and Defendant B is a person who served as the Plaintiff’s representative director from April 16, 2008 to January 20, 2016, and Defendant C is the spouse of Defendant B.

B. Defendant B, while serving as the Plaintiff’s representative director, was indicted for occupational embezzlement and occupational breach of trust; Defendant B was sentenced to a judgment of one year and two months of imprisonment (hereinafter “instant judgment”); and the following “Defendant B” was deemed to be Defendant B’s imprisonment with labor for the following criminal facts in Seoul Central Court Decision 2017Da3894.

1. Occupational embezzlement;

A. Although the Defendant, one’s wife, was registered as a director of the Victim Company, the Defendant resided in New Zealand and did not have been actually engaged in the Victim Company. However, from April 2010 to October 2015, the Defendant paid C totaling KRW 181,642,191 as indicated in the separate sheet of crime (i) as indicated in the separate sheet of crime, such as basic pay, food, vehicle maintenance expenses, and news gathering allowances, and embezzled it.

B. On February 24, 2009, the Defendant: (a) transferred KRW 42,00,000 from D Bank to D Bank account in the name of the victim company; (b) transferred KRW 35,771,370 to E Bank account in the name of the victim company on February 25, 2009; and (c) embezzled KRW 13,771,370 at that time by recklessly consuming KRW 13,771,370 for private use.

C. On June 11, 2013, the Defendant withdrawn KRW 16,500,00 under the pretext of the cost of maintaining and repairing computers in 2013 and embezzled it by recklessly consuming it for private use at that time.

On December 30, 2011, the Defendant received KRW 5,000,000 from a cooperative to a bank account under the name of the Defendant, and embezzled it by recklessly consuming it for private use at that time.

E. The Defendant on October 29, 2010.