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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
Basic Facts
A. The Plaintiff is an individual entrepreneur who operates a D gas station in Guang-si C, and the Defendant is employed by the Plaintiff and served as the head of the management office in D gas stations.
B. From August 9, 2012 to May 15, 2018, the Defendant, while serving as a management complaint of the D gas station, sold to the customers supplementary products, such as gasoline, light oil, etc., such as fuel or engine error day, volume, number of elements, etc. (hereinafter “the number of elements, etc.”) and deposited the sales proceeds from the customers into the Plaintiff’s business account by receiving the sales proceeds from the customers, and deposited them into the Plaintiff’s business account. The Defendant took charge of the overall management of D gas station by purchasing equipment necessary for the operation of D gas station using the business card (hereinafter “the instant card”).
(c)
Although the Defendant sold oil of KRW 44,909,747 on credit to the owner of the truck, the Plaintiff was prosecuted against the Defendant on the ground that he/she committed embezzlement of occupational breach of trust by operating the DOS system (POS system; hereinafter “instant system”) as if he/she paid oil, elements, etc. by credit card even though he/she did not recover the sales price on credit to the owner of the truck or sold the number of oil to the customer in cash. The Defendant was subject to a disposition of “non-suspect of suspicion” from his/her branch office inside the Suwon District Public Prosecutor’s Office on September 29, 2020 (hereinafter “relevant criminal case”). [The grounds for recognition] In the absence of dispute, the Plaintiff did not actually change the form of “A” evidence No. 1 through 4, 18, and evidence No. 1 and No. 2 (including each number, hereinafter the same shall apply), each of the entry and the purport of the Plaintiff’s submission of cash deposit from the Plaintiff’s entire account from 2010 to 108.5.28