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(영문) 창원지방법원 2016.11.23 2016가합52142
횡령금
Text

1. The Defendant shall pay to the Plaintiff KRW 345,648,852 and the interest rate of KRW 15% per annum from April 10, 2015 to the date of full payment.

Reasons

1. Basic facts

A. The director C of the Plaintiff Company was recommended to take office as the representative director of the Plaintiff Company from E running D and became the representative director of the Plaintiff Company.

At the time, E recommended the Defendant, one’s own cker (the fact that he had been employed as an employee of accounting in D’s operated from 201) as an employee of accounting, and the Defendant was from 2010 to 2013 to 2013 to 2013, as an employee of the Plaintiff Company’s accounting.

B. The Defendant transferred KRW 345,648,852 to the Defendant’s personal account from November 8, 2010 to November 20, 2012, while serving as the Plaintiff Company’s accounting employee, from the Plaintiff Company’s account (FF and GWF) to the Defendant’s personal account over 224 occasions.

In accordance with the direction of E, the Defendant transferred this to the outside company of D under the name of D's transaction price, E's card price, E's rental car cost, retirement allowance of those who retired while working in D, E's living cost, and E's money.

C. C filed a complaint against the Defendant on December 9, 2015, on the ground that “The Defendant is the first offender, but the Defendant is the first offender, and used the same as the operation expenses, etc. of D operated by E again after transferring the money to the direction of the third village E, and personally used money is not different, and the indictment of E, etc. is prosecuted.”

C In relation to the above criminal act, E filed a complaint with the Defendant, and E has been sentenced to three years of imprisonment on July 7, 2016, and five years of suspended execution (Seoul District Court 2015Gohap277) with respect to the criminal act including embezzlement of the above 345,648,852 won, and the appeal court (Seoul High Court 2016No249) is still pending.

[Ground of recognition] The fact that there is no dispute, each entry of Gap's 1 through 3 (including the number of branches), the result of commission of delivery of documents, the purport of whole pleadings

2. As seen earlier, the Defendant’s accounting of the Plaintiff Company.

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