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1. Defendant B’s KRW 132,88,855 as well as 5% per annum from November 6, 2017 to June 5, 2018.
Reasons
1. Basic facts
A. On July 2014, the Plaintiff, a company engaged in manufacturing and wholesale sales of clothing, concluded a sales service agreement that entrusts Defendant B with the sales and management of the goods supplied by the Plaintiff in relation to the business of the Plaintiff’s clothes brand located in Defendant B and D (hereinafter “instant store”).
B. On February 16, 2016, the Plaintiff employed Defendant C, who is his father and wife, as the employee of Defendant B, and had the Plaintiff work for the instant burial.
C. On July 14, 2016, when Defendant B was engaged in the business of storing, selling, and selling the goods provided by the Plaintiff, Defendant B received a discount rate of 69,000 won from the Plaintiff’s shop in order to increase sales from the store of this case and received a large amount of sales commission from the Plaintiff, and sold the above clothing to its customers under his name and in order to acquire a large amount of sales commission from the Plaintiff, Defendant B, as the store of this case, was engaged in the business of selling, selling, or selling the said clothing. In the electronic sales account of the Plaintiff Company, the said clothing was again sold to its customers without registering the sale as if it were in possession of the above clothing from the previous market to the accumulated private loss in mind, and then used it to cover the personal loss from May 23, 2014 to December 23, 2016, with the Plaintiff’s clothes bid amounting to KRW 170,190,500.
Defendant B was prosecuted as a crime of occupational embezzlement, such as the crime in the preceding paragraph, and was sentenced to imprisonment for 10 months at the Seoul Northern District Court on October 25, 2017. The appellate court reversed the lower judgment and was sentenced to imprisonment for 6 months at the same court, and the said judgment became final and conclusive around that time.
[Reasons for Recognition] A.1 to 4, and 8 to 12 are without dispute.