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(영문) 서울중앙지방법원 2015.05.20 2014가합558603
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company aimed at housing construction and supply business, construction of rental houses, and lease business. The Defendant is an entrusted business entity that is entrusted by the Seoul Sports Promotion Foundation (hereinafter “Korea Sports Promotion Foundation”) under the National Sports Promotion Act with the business of issuing sports betting tickets and selling sports betting tickets, paying refunds, operating and maintaining the system of selling sports betting tickets, and promoting sports events subject to sports promotion voting.

B. B, from August 13, 2008 to October 31, 2012, as the director of the Plaintiff Company, was a person in charge of the sales and contract management of the Plaintiff Company’s Jeonbuk-gun, Jeonbuk-gun, which was sold by the Plaintiff Company. D is a sales store that entered into a sales contract with the Defendant Company for the sales of sports betting tickets.

C. B embezzled KRW 1,428,667,659 from October 201 to October 2012, 201 as the purchase price for sports promotion betting tickets issued by the Defendant Company, including the sale price for the above C apartment, lease deposit, and conversion price for sale in lots.

B was indicted due to the above criminal facts, etc. and was sentenced to five years in the Jeonju District Court on June 19, 2014 to imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement), and the above judgment was finalized on September 3, 2014.

B in the process of purchasing sports promotion betting tickets in B, ① Money transferred from the account in the name of the Plaintiff Company to the account in the name of the Defendant Company, ② Money transferred from the account in the name of the Plaintiff Company to the account in the name of the Plaintiff Company; ② Money transferred from the account in the name of the Plaintiff Company to the account in the name of the Defendant Company; ③ Money transferred from the account in the name of the Plaintiff Company to the account in the name of the Defendant Company: KRW 968,697,659; ③ Money transferred from the account in the name of the Plaintiff Company to the account in the name of the Plaintiff Company; ④ Money transferred from the account in the name of the Plaintiff Company to the account in the name of the Plaintiff Company.

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