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(영문) 서울중앙지방법원 2015.08.21 2014가합557808

손해배상(기)

Text

1. The Defendant’s KRW 307,093,559 for the Plaintiff and KRW 5% per annum from October 29, 2013 to January 15, 2015.

Reasons

Facts of recognition

The plaintiff is a juristic person established for the purpose of controlling the industry-academic cooperation of the Auniversity as prescribed by the articles of association, school regulations, etc. of the Auniversity, and the defendant works as a teacher and staff at the Plaintiff's business start-up support team from July 1, 2010 and has been engaged in the business of managing security deposit and monthly rent of the company located in the Auniversity.

Defendant’s occupational embezzlement and breach of trust (hereinafter “instant occupational embezzlement and breach of trust”) was transferred KRW 3,200,000 from C Co., Ltd., one of the occupant enterprises in the industry-academic cooperation foundation, to the bank account in the name of the Plaintiff, which is the management account of occupancy deposit designated by the Plaintiff, to the bank account in the name of the Plaintiff and kept for the Plaintiff.

In this day, the Defendant voluntarily consumed KRW 231,60,761 in total over 60 times, as shown in the annexed Crime List (1) from October 29, 2013, after withdrawing the above occupancy deposit in cash at the bank located in the Seoul Dongjak-gu Seoul Metropolitan Government D Spanish, and then using the so-called “sports soil” online gambling funds.

Since the defendant managed the corporate card in the name of the plaintiff, there was occupational duty to use the corporate card in good faith for the purpose of promoting the business, such as the cost of maintaining the facilities of occupant enterprises and the cost of exercising the company.

Nevertheless, on March 2, 2013, the Defendant purchased gift certificates equivalent to KRW 2,90,000 with a corporate card in violation of the above occupational duties, and then exchanged at a nearby merchandise coupon exchange office in cash, and then deposited into the bank account in the name of E and used as the so-called “sports soil” Internet gambling fund, etc. as shown in the attached Table of Crimes (2).