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1. Defendant B’s KRW 210,000,000 as well as 5% per annum from April 26, 2017 to December 2, 2019 to the Plaintiff.
Reasons
1. Basic facts
A. 1) The Plaintiff is a legal entity that manufactures and sells food additives. 2) Defendant B worked for the Plaintiff from November 23, 2003 to April 30, 2017, and was in charge of the Plaintiff’s accounting.
Defendant C is the husband of Defendant B.
B. Defendant B’s embezzlement in Defendant B was sentenced to imprisonment with prison labor for one year and six months for the criminal facts of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement), and the said judgment became final and conclusive on September 29, 2018.
(hereinafter referred to as “relevant criminal case.” Criminal facts (defendant B) are accounting employees of Seocho-gu Seoul Metropolitan Government, Seocho-gu and the Victim A (Plaintiff) Co., Ltd. from November 23, 2003 to April 30, 2017, who have been engaged in the business of entering and withdrawing banks of the victim company.
On January 7, 2008, the defendant connected to the Internet banking at the office of the victim company, and transferred KRW 16,205,783 from the victim company's corporate account to the defendant's personal account using a credit card, password, security card, etc., and used it for personal purposes, etc. from around 408 to April 26, 2017, the defendant transferred the total amount of KRW 2,094,604,042 from the victim company's corporate account to the defendant and his husband C account, or used the cash of the victim company's business kept by the defendant after depositing it into the account of the defendant and C, and then deposited it for personal purposes, such as living expenses, high-priced food, clothing purchase, and clothing purchase, etc. in Seoul, Gyeonggi, etc.
Accordingly, the defendant embezzled the property of the victim company that was kept in business.
C. As a result of criminal complaint against Defendant C, the Plaintiff filed a complaint with the investigative agency on the ground that Defendant C conspired with the Defendant B to commit the above occupational embezzlement.