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(영문) 부산고등법원 2016.08.11 2013나52042
손해배상(기)
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 289,082,784 and KRW 118,262,961 among them.

Reasons

1. Basic facts

A. From July 2004 to November 6, 2012, the Defendant served in the Plaintiff’s hotel located in Busan Shipping Daegu F. From December 2007, the Defendant was a registered director, from January 2, 2007 to an executive director, and was in overall control of all legal affairs, including legal affairs, sellers and owners, accounting affairs, and hotel management affairs.

B. The Defendant was accused of occupational embezzlement or occupational breach of trust in relation to the facts stated in the separate sheet, but the prosecutor of the Dong District Prosecutors' Office in Busan District Prosecutors' Office issued a disposition of non-prosecution on December 31, 2013.

C. On April 10, 2014, the complainant filed an appeal, and the prosecutor of the Busan High Prosecutor’s Office rejected the second investigation order on occupational embezzlement, and dismissed the appeal on occupational breach of trust.

The complainant filed an application for adjudication with the Busan High Court 2014 early 368 on the charge of occupational breach of trust, which was dismissed by the complainant, and the above court accepted an application for adjudication on July 18, 2014 and ordered the institution of public prosecution.

E. On July 20, 2016, the Defendant: (a) in the case of occupational embezzlement, occupational breach of trust, etc. on July 20, 2016, Busan District Court Branch Branch 2014Da1095, 1425, 2015MaMa512, occupational embezzlement, etc.; and (b) occupational embezzlement related to the purchase of computer equipment and the use of volatilen tuition fees (i.e., occupational embezzlement related to the purchase of computer equipment; (b) KRW 5,24,00 (= KRW 2,54,000 KRW 750,90,000 KRW 750,000)); and (c) occupational embezzlement related to the purchase of computer equipment and the use of volatilen tuition fees, including Plaintiff’s hotel rooms (the aggregate of occupational embezzlement 236,038,784 won), was sentenced to imprisonment for one year and for two years during the suspension of execution and appeal.

F. On December 1, 2011, the Plaintiff paid KRW 110 million (including value-added tax of KRW 10 million) in total, including KRW 55 million, and KRW 50 million, on December 21, 201, to the Dispute Resolution Co., Ltd.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5 through 14, 16, Eul evidence Nos. 10 and 13, and the purport of the whole pleadings

2. Each of the above evidence and evidence as to the cause of the claim.

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