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1.(a)
Defendant B’s KRW 123,165,650 for the Plaintiff and KRW 5% per annum from March 8, 2018 to April 10, 2019.
Reasons
1. Basic facts
A. 1) The Plaintiff is a juristic person whose purpose is the guidance business necessary to improve the user business. Defendant B, as the Secretary General of the Plaintiff, performed the Plaintiff’s accounting business, general administration, and fund execution business, and Defendant C, as a director and the president of the Plaintiff. Defendant C (2) resigned from the Plaintiff’s Secretary General on February 25, 2014, and Defendant C retired from the Plaintiff’s director on June 9, 2014.
B. Defendant B and C were indicted on the charge of occupational embezzlement that Defendant B and C arbitrarily used the Plaintiff’s funds. On May 30, 2017, most of the facts charged were found guilty (Defendant B’s sole embezzlement amounting to KRW 133,805,00, total amount of Defendant B and C’s joint embezzlement amounting to KRW 86,600,00), Defendant B and C appealed were sentenced to imprisonment for one year and six months, and Defendant C appealed were sentenced to imprisonment for six months (this Court Decision 2015Da1571), and the appellate court reversed the lower judgment on January 11, 2018, and rejected some of the facts charged (Defendant B’s sole embezzlement amounting to KRW 104,850,00, Defendant C’s joint embezzlement amount, KRW 72,400,00). Defendant B and C appealed were sentenced to a suspended sentence of 201, Defendant C’s imprisonment for two years, and Defendant C’s suspended sentence of 215 years and one of 7.
(Supreme Court Decision 2018Do2491, hereinafter “relevant criminal judgment”). C.
Defendant B and C deposited the Plaintiff as the principal deposit in August 17, 2017, and Defendant B and C deposited the Plaintiff at KRW 68,200,00 (Defendant B 46,550,000, Defendant C21,650,000) with the Plaintiff as the principal deposit in KRW 3501 of this Court (Defendant C’s KRW 46,550,000). Defendant C deposited the Plaintiff at KRW 4145, Sept. 18, 2017, with the Plaintiff as the principal deposit in KRW 21,650,00,000, and the Plaintiff received on March 7, 2018.
Defendant B, who entered into a gift contract between Defendant B and D, shall list on June 9, 2014, its own ownership.