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1. Of the judgment of the court of first instance, the part against the defendant (appointed party) that exceeds the following order for payment.
Reasons
1. The reasoning for this part of the judgment of the court of first instance is as follows. The reasons for this decision are as follows: "Defendant B" among the corresponding parts of the judgment of the court of first instance (section 4 through 3 below); "The remaining Defendants except Defendant C, etc. (hereinafter collectively referred to as "the remaining Defendants except Defendant C, etc.")" are as "the remaining designated persons except Defendant C, etc. (hereinafter collectively referred to as "appointed persons")"; "the defendants" of the first 10 in the third part are as "the remaining designated persons except the defendant and the defendant"; the third part are as follows, except for the part of the judgment of the court of first instance which falls under the main sentence of Articles 420 of the Civil Procedure Act, since they are used as follows, they are cited as it is in accordance with the main sentence of Article 420 of the same Act.
2) On October 31, 2018, the Defendant was charged with embezzlement of KRW 226,621,902 by the Jeonju District Court Decision 201Ma719 and was sentenced to imprisonment with prison labor from the above court on the grounds that the Defendant embezzled KRW 226,621,902.
Accordingly, the prosecutor and the defendant filed each appeal under the Jeonju District Court 2018No1575, and the defendant was sentenced to imprisonment with prison labor for the above facts constituting the crime on August 28, 2019. The defendant filed an appeal on September 11, 2019, but the above judgment became final and conclusive on the same day as it was by withdrawal of the appeal.
(hereinafter “instant criminal procedure”).
2. Determination as to the claim against the defendant
A. The summary of the Plaintiff’s assertion, in addition to KRW 226,621,902, which became final and conclusive in the instant criminal procedure, the Defendant embezzled the amount of KRW 292,978,934, which was either determined or not prosecuted, to the account in the name of the designated parties other than the Defendant or the Defendant, or to withdraw in cash and arbitrarily use it.
However, in the appellate trial of the instant criminal procedure (the Jeonju District Court 2018No1575) for the Plaintiff, the Defendant KRW 30,000,000 for the Plaintiff.