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(영문) 서울중앙지방법원 2020.12.10 2019가합522753
부당이득금
Text

1. The Plaintiff:

A. Defendant E: 22,500,000 won from June 25, 2020:

B. Defendant H 7,30,299 and 7,330,299.

Reasons

1. Basic facts

A. The Plaintiff is a company with the objective of Ansan, miscellaneous, and clothes manufacturing and selling business, etc.

B. Around 2005, J joined the Plaintiff, and served as a financial director of the Plaintiff from around 2010 to May 2018, and was in charge of funding and expenditure.

C. From the K Bank account under J’s name to the bank account in the name of the Defendants, each of the following money was remitted:

Defendant B from November 15, 2016 to December 21, 2016, Defendant C, May 28, 2015, 2015, 431,860,000 Defendant D from July 23, 2017 to October 15, 2017, Defendant E from May 13, 2010 to May 21, 2017, 22,50,50,000,000, from May 13, 2017 to 10, 203,00,00,000,000, Defendant C from November 15, 2016 to December 21, 2016 to 30,00,000, Defendant C from November 15, 2016 to December 21, 2016;

D. From October 26, 2015 to May 21, 2018, J habitually stuffed property worth KRW 5,350,750,000 in total on the Internet gambling site and casino. The amount to be paid by the Plaintiff’s creditor to the bank account under the Plaintiff’s name is transferred to the bank account under the Plaintiff’s name. The Plaintiff’s money to be paid to the Plaintiff’s creditor was transferred from the bank account under the Plaintiff’s name to the bank account under the Plaintiff’s name, and was used for business purposes, and used for personal debt, credit card payment, cash withdrawal, etc., and used for personal purpose together with the Plaintiff’s personal debt payment, credit card payment, and cash withdrawal. From October 26, 2015 to May 22, 2018, the Defendant was charged with arbitrarily stuffing the Plaintiff’s funds for personal purpose, such as embezzlement of KRW 1,845,536,333,33 of the Internet and other charges charged.

(Seoul Central District Court 2019Kahap1031). The above court held that habitual gambling on August 21, 2020 is all guilty, and occupational embezzlement is from October 28, 2015 to May 19, 2018.

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