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(영문) 대전고등법원 2016.01.20 2015나11036
손해배상(기) 등
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

Judgment of the first instance.

Reasons

1. Basic facts

A. B, while serving as the Vice Minister of Accounting and Accounting from November 20, 2008 to December 3, 2012, 2012, while managing the Plaintiff’s corporate account, B embezzled KRW 298,638,545 of the Plaintiff’s funds by means of money transfer from the Plaintiff’s account to another account managed by the Plaintiff’s account by pretending to be paid to the Plaintiff’s transaction partner or the payment of the Plaintiff’s employee’s salary, etc., and arbitrarily using the Plaintiff’s corporate card.

B. B, as a part of the foregoing embezzlement, transferred KRW 92,74,178 in total from June 11, 2009 to May 15, 2012, from the Plaintiff’s corporate account, KRW 15,092,408 in total from the Plaintiff’s corporate account to the Japanese bank account (hereinafter “Japan bank account”) under the Defendant’s name, and transferred KRW 12,092,408 in total from May 12, 2009 to the Busan Bank account (Account Number S; hereinafter “B account”) under the Defendant’s name during 12 times from June 13, 2012 to June 13, 2012.

C. From the Japanese bank account, ① total of KRW 18,980,000 from July 16, 2009 to May 15, 2012, 2012, the sum of KRW 24,400,000 was transferred from the Busan bank account (Account Number BG; hereinafter “B account”) to another Busan Bank account in the name of the Defendant, and KRW 24,40,000 was transferred from March 2, 2009 to February 29, 2012; ③ from August 11, 2010 to April 30, 2012, the Defendant’s HW vehicle (hereinafter “instant vehicle”).

Meanwhile, from March 2, 2009 to June 20, 2012, the sum of KRW 25,100,000 was transferred from the Busan Bank's one account to another account in the name of the defendant.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 through 5, 13 through 15 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff's assertion 1 is that B uses it for crime in embezzlement of the plaintiff's funds.

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