1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Facts of recognition;

A. The Plaintiff is a company that runs the wholesale and retail business of pipes and steel materials. B, from April 2004 to July 15, 2015, while serving as the Plaintiff’s employee, managed and supplied piping materials, and handled the business of accounting, sales, and collection.

B. B was sentenced to imprisonment with prison labor for a crime of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement District Court 2016Da428) on June 9, 2017, under the suspicion that “The Plaintiff embezzled materials worth KRW 588,870,760 in total the purchase cost during a short period from January 3, 2012 to July 13, 2015 in a manner of selling the pipes materials owned by the Plaintiff at a price of at least 10% of the purchase cost at his/her own discretion and receiving the payment from the account under B’s name or D’s account.”

C. While the Defendant was operating as the representative of the Plaintiff’s business partner E, the Defendant was indicted as co-defendant with B on the suspicion that “The purchase cost of piping materials he embezzled from B during a short period from January 3, 2012 to July 13, 2015 was the aggregate of KRW 118,440,000, and acquired the above pipeline materials, which are stolen, by neglecting his duty of care to verify whether or not they were stolen,” and was sentenced to the suspension of execution for 4 months and two years on June 9, 2017.

B and the Defendant appealed against the above Ulsan District Court Decision 2016Gohap428, and the Busan High Court reversed the judgment of the first instance on December 21, 2017 and sentenced B to one year and nine months of imprisonment, four months of imprisonment without prison labor, and one year of suspended execution against the Defendant.

(Dasan High Court Decision 2017No350). Busan High Court recognized the sum of the purchase costs of piping materials purchased from B by the Defendant in the above appellate judgment as KRW 105,750,000, and the above judgment became final and conclusive around that time because the Defendant did not appeal against the above appellate judgment.

hereinafter referred to as "the case."