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1. The defendant shall be KRW 151,750,000 to the administrator B of the plaintiff rehabilitation debtor A and the plaintiff rehabilitation debtor C.
Reasons
1. Facts of recognition;
A. The status of the party 1) The manager B of the Plaintiff Rehabilitation Debtor A (hereinafter “Plaintiff A trustee”) and the Plaintiff Company A shall be “A”.
(1) The Seoul Central District Court (Seoul Central District Court 2015 Ma16) held that A’s custodian D (hereinafter “Plaintiff C’s custodian”) is the Plaintiff’s Debtor Rehabilitation C Co., Ltd., and C Co., Ltd. is “C”.
(2) Nonparty F Co., Ltd. (hereinafter “F”) held 96.65% of C’s shares, and C held 100% of C’s shares, respectively, in a case where an application is filed for commencing the same court 2015 Gohap17.
From February 2006 to March 2009, the Defendant served as the F Management Strategy Head, F Management and Strategy Head, from around March 2009 to May 201, 2014, and F Management and Vice-President. From around October 2009 to around October 2009, the Defendant was the CFO in charge of finance (CFO) who comprehensively manages the entire funds of F and affiliate companies.
B. The Defendant’s embezzlement and criminal punishment 1) Nonparty G, who was a major shareholder of F, was actually running the said Company in overall control of its affiliate companies, such as F, C, and A, and was willing to use the said Company’s funds at will by taking advantage of such one’s position. If G instructs the Defendant to prepare cash with its affiliate funds, the Defendant: (a) instead, ordering the F affiliate Company’s Vice-Chairperson of the Fund Team to prepare a false check and withdraw cash as if he/she disbursed the on-site advance payment; (b) G and the Defendant, from October 14, 2009 to October 15, 2014, withdrawn the total amount of KRW 1.57 billion from October 14, 2014, and C’s total amount of KRW 944,400,000,000,000 for personal purposes (hereinafter “the instant embezzlement”).
(2) As to the instant embezzlement, the Defendant was sentenced to a suspended sentence of three years in the Seoul Central District Court Decision 2015Gohap513, which was sentenced to a suspended sentence of four years, and the said judgment is the same.