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(영문) 서울중앙지방법원 2016.11.18 2016가합5929
대여금
Text

1. The Defendants jointly share KRW 359,000,000 to the Plaintiff and Defendant B with respect thereto from June 29, 2016, and Defendant C.

Reasons

1. Basic facts

A. The Plaintiff related to the parties is a person operating E (hereinafter “E”) that operates a business of selling on behalf of the savings bank lending products. Defendant B is a person who served from December 2, 2013 to September 2015 as E’s business employee; Defendant C is punished by Defendant B; Defendant D is a person who is subject to Defendant B’s punishment.

B. The Plaintiff, while working for Defendant B, voluntarily withdrawn an amount equivalent to KRW 738,50,000 from the company’s account, and filed a complaint with Defendant B by embezzlement, etc. on October 11, 2014, Defendant B: (a) acknowledged that Defendant B used for business in E from December 2013, and promised to compensate the Plaintiff for KRW 500,000,000,000 from November 1, 203 to November 1, 2034; and (b) on the same day, Defendant B and D drafted a certificate of borrowing that “the Plaintiff would have embezzled the company’s money in breach of trust as above and promised to pay the Plaintiff KRW 50,000,000,000 from November 1, 2034.”

(hereinafter referred to as the “instant loan certificate,” which covers each of the above loan certificates in the name of the Defendants, is referred to as the “instant loan certificate,” and the name of the nominal owner.

Defendant B’s criminal judgment against Defendant B, on June 10, 2016, as Seoul Central District Court 2016Kahap560, Defendant B, who was in office as an E’s business employee from December 2, 2013 to September 2015, and was in charge of paying loans to loan applicants 14 times from January 19, 2014 to October 4, 2014, Defendant B embezzled KRW 749,570,000 in total from the E’s account to the account under the name of Defendant B, etc. for voluntary consumption with gambling funds, and embezzled KRW 749,570,00 in business.

‘The Act on the Aggravated Punishment, etc. of Specific Economic Crimes' is charged.

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