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1. The defendant, among the judgment of the court of first instance, ordered the plaintiff to pay the following money in excess of the amount of money:
Reasons
1. Basic facts
A. The Plaintiff, as a certified judicial scrivener, has been running a certified judicial scrivener’s business with the trade name “A” office in Ulsan-gu, Ulsan-gu, as a certified judicial scrivener (hereinafter “instant office”). From December 2008 to December 31, 2013, the Defendant was serving in the Plaintiff’s instant office and retired from the office around December 31, 2013.
B. The Defendant has been engaged in the business related to the registration of real estate, such as preparing an application document for registration such as transfer of real estate ownership and establishment of collateral security, submitting the registration certificate to the registry and issuing the registration certificate to the registry
C. From that point of view, the Defendant was indicted on charges of occupational embezzlement that embezzled fees received from the clients, etc. in the instant office, and was sentenced to a judgment of conviction for 8 months on June 12, 2015 (Ulsan District Court 2014Da3209). The summary of the criminal facts is that “The Defendant embezzled fees received from the clients at the instant office from October 2, 2012 to December 20, 2013, for the Plaintiff, who is the victim, while he/she kept the fees for a certified judicial scrivener for business on behalf of the clients, who was requested by the clients to change real estate registration-related affairs from the clients at the instant office from October 2, 2012 to December 20, the Defendant embezzled 64,748,416 won in total for 293 occasions at Ulsan City, etc.
The defendant appealed against the above judgment on the ground of unfair sentencing, and the appellate court (Ulsan District Court 2015No685) deposited KRW 30 million as the principal of the plaintiff who is the victim on May 8, 2015, and KRW 34,748,416 as the principal of the victim on July 7, 2015, and the plaintiff deposited KRW 34,748,416 on July 30, 2015, the above deposit amount of KRW 64,748,416 as the total amount of the deposit amount of KRW 64,748,416 on September 30, 2015, was sentenced to a suspended sentence of two years on September 8, 2015, and the above judgment became final and conclusive as is September 19, 2015.
'The above criminal judgment' is the criminal case of this case.