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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. From March 14, 2005 to September 30, 2012, the Defendant was in charge of accounting and accounting affairs from the Plaintiff Company as an accounting member.
B. The Plaintiff filed a criminal charge of embezzlement of KRW 236,60,653 in total on 99 occasions from April 18, 2007 to September 26, 2012, but the Defendant was subject to a disposition by the Prosecutor’s Office on August 30, 2013.
C. In other words, the Plaintiff filed a second complaint on the part withdrawn in cash from the Plaintiff’s account. From January 8, 2008 to December 15, 2011, the Defendant was convicted of a total of 180,600,000 won for occupational embezzlement on 50 occasions by voluntarily withdrawing the money of the Plaintiff Company from the Plaintiff’s account to the Defendant’s account and consuming it for private use. However, the Defendant was rendered a judgment of innocence by the said court on February 19, 2016.
The Prosecutor appealed against the above acquittal judgment as Suwon District Court 2016No1762, but the above court rendered a judgment dismissing the Prosecutor’s appeal on February 3, 2017, on the ground that “Partial items in the list of crimes committed in the Defendant’s account cannot be readily concluded to have been deposited from the Plaintiff’s account, or that the Defendant used cash or checks for personal purposes cannot be readily concluded to have been deposited in the Plaintiff’s account, and as there are considerable data corresponding to the Defendant’s assertion regarding the remaining items, the evidence submitted by the Prosecutor alone that it is difficult to view that the facts charged were proven to the extent that the Defendant’s reasonable doubt is excluded
[Reasons for Recognition: Evidence Nos. 1 to 11 (including paper numbers; hereinafter the same shall apply)
(i) each entry and the purport of the whole pleadings
2. Determination as to the cause of action
A. From January 8, 2008 to September 19, 2012, the Plaintiff’s assertion is based on the name of the Defendant in the corporate bank, national bank, and the Nong Bank account in the name of the Plaintiff from January 8, 2008 to September 19, 2012.