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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff is a person who runs the wholesale and retail business of automobile accessories under the trade name called “D” (the opening business of July 1, 2006, hereinafter “instant enterprise”) in Gangseo-gu Busan, and the Defendant is a person who was in charge of financial affairs in the instant enterprise from February 1, 2007 to November 30, 2016.
B. The Plaintiff filed a criminal complaint with the Defendant for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement), but on December 21, 2018, the Changwon District Prosecutors' Office issued a disposition to the Defendant without suspicion (defluence of evidence).
(No. 2018 type 34406). A.
The suspect of occupational embezzlement was employed as an employee in charge of finance from February 1, 2007 to November 30, 2016 in the "D", which is an automobile parts agency in Gangseo-gu Busan Metropolitan City operated by the complainant.
1) The suspect, on or before the date of 2008, purchased KRW 32,004,000 from the victim’s principal transaction account under the pretext of repayment of the amount, interest payment, etc. to the account of the suspect, and embezzled by arbitrarily consuming KRW 827,445,062 from the victim’s name bank E account, which is the principal transaction account of the D business operator, to the account of the suspect, from the day before the date of 2016 to the day of 2016 as shown in the following crime list (1). (2) The suspect embezzledd the suspect by arbitrarily consuming 28,843,350 won without the complainant’s consent, using the slot card in the name of the complainant who was paid by the complainant by the business use card (13,200,000 won).
3) Even if the card price due to the use of a lot card was settled in E which is a D account, the suspect, despite the fact that the card price was settled, is disguised and transferred from the account of the National Bank E to the account of the National Bank in the name of the suspect, by means of transferring the card price from the account of the National Bank E to the F account of the National Bank in the name of the suspect, the following crime list (as shown in 2,