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1. The plaintiff A:
(a) Defendant C and D jointly KRW 237,439,944;
B. Defendant E is jointly with Defendant C and D and the said money.
Reasons
Based on the facts, the Plaintiff Company is a company established for the purpose of mobile phone wholesale and retail business, mobile phone sales business, etc., and the Plaintiff Company is the representative director of the Plaintiff Company, who operates a mobile phone sales agency (hereinafter “instant agency”).
Defendant C is a person who has overall control over the sales and inventory management of the mobile phone while working as the occupation of the instant agency; Defendant D is a person who has worked in the same workplace as Defendant C; Defendant E is a person who has operated a mobile phone store called “I” located in Ulsan-gu H; Defendant F is a person who operated a mobile phone store with “K” located in Ulsan-gu J in Ulsan-gu, Ulsan-gu. Defendant F is a person who operated a mobile phone store with “K”.
around June 2014, Defendant C and D possessed a new type of mobile phone which Defendant C had been in custody of the instant agency, and Defendant D received the said mobile phone from Defendant C, and offered money to use for entertainment expenses by disposing of it in other stores. From July 4, 2014 to December 24, 2014, Defendant C and D embezzled 259 mobile phones at the instant agency from July 4, 2014 to December 24, 2014, and disposed of them.
(2) Defendant C and D acquired 56 mobile phones embezzled by Defendant C and D through the instant embezzlement from July 4, 2014 to December 24, 2014 (hereinafter “instant embezzlement”). Defendant C and D knowingly acquired 203 mobile phones (189,600,000 won) that were embezzled through the instant embezzlement and disposed of as stolen goods, and sold them to China. Defendant F acquired 56 mobile phones embezzled by Defendant C and D from September 25, 2014 to November 14, 2014 (50,40,000 won) as stolen goods, and sold them as stolen goods, etc.
Defendant E and F’s above acts are “the instant stolen acquisition” and the instant embezzlement act.