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1. The Plaintiff:
A. Defendant B’s KRW 52,885,067 and for this, KRW 5% per annum from March 31, 2018 to September 26, 2019.
Reasons
1. The following facts are acknowledged as having no dispute between the Plaintiff and the Defendant, or may be acknowledged as having comprehensively taken account of the overall purport of the pleadings in the entries in Gap evidence Nos. 1 through 3 (including each number), and between the Plaintiff and the Defendant C, it is deemed that the Defendant C led to confession.
A. From December 2013, the Plaintiff and the Defendants-related Plaintiff constructed “E hotel” (hereinafter “instant hotel”). From December 2013 to February 28, 2015, Defendant B worked as the head of the headquarters in charge of the Plaintiff’s overall affairs, including the Plaintiff’s order for construction, subcontract, and the payment of the construction cost, etc., and was in charge of examining the estimated construction cost of the said hotel construction, selecting subcontractor companies, claiming for the payment of the construction cost, and requesting for the deposit of trust companies. Defendant C worked as the head of the FF corporation who subcontracted the temporary site of the construction site and the part of the steel reinforced concrete construction among the instant hotel construction works, from May 23, 2014 to December 29 of the same year.
B. Defendant B was prosecuted as charges of taking property in breach of trust on September 14, 2017 by this Court 2016Kahap869, and the above court found Defendant B guilty of taking property in breach of trust, violation of the Act on the Regulation and Punishment of Criminal Proceeds Concealment, obstruction of business, and damage to credit, and sentenced Defendant B to a judgment of conviction ordering the additional collection of KRW 2 years and six months and seven million. Defendant B and the Prosecutor appealed in Seoul High Court 2017No2949, the above court reversed the lower judgment on February 15, 2017, and sentenced the said judgment to order the additional collection of KRW 2 years and six months and seven million on June 15, 2017. The above judgment became final and conclusive on February 23 of the same year.
Among them, the contents of the crime of taking property in breach of trust, the crime of interference with business and damage to credit related to the instant case are as follows.
1. The defendant B has been in charge of the process management, the payment and execution of construction costs, etc.