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(영문) 전주지방법원 2020.10.16 2019가단31285
손해배상(기)
Text

1. The Defendant paid KRW 33,973,00 to the Plaintiff KRW 5% per annum from February 24, 2017 to January 14, 2020.

Reasons

1. Comprehensively taking account of the respective descriptions of evidence Nos. 1 through 3 and the purport of the entire pleadings as to the cause of the Plaintiff’s claim, the Jeonju District Court, on February 24, 2017, acknowledged the Defendant’s criminal facts as follows, and sentenced the Defendant to a punishment of imprisonment with prison labor for one year and six months. The Defendant appealed on the ground of unfair sentencing. The Jeonju District Court, an appellate court, reversed the judgment of the lower court on the ground that the sentence of the lower court on June 30, 2017 was unfair, and sentenced to imprisonment with prison labor for one year and six months and three years of suspended execution, and the above appellate court’s judgment became final and conclusive.

[Plaintiff] The Plaintiff omitted Co., Ltd. (hereinafter “Stock Company”).

(i)the Convention on Assistance in Industry-Academia-Research and Industry-Academia-Research Core Technology Development and Commercialization, 2012 and the Convention on Technology Infrastructure Connection Technology Development (hereinafter collectively referred to as the “instant Convention”).

2) Each of the instant contributions was signed by C, and accordingly, C totaling KRW 96,00,000,000 from May 1, 2012 to April 30, 2013, and KRW 92,00,000 (hereinafter collectively referred to as “the instant contributions”) in total, from May 1, 2014 to April 30, 2015.

(2) The Plaintiff, who was the representative director of C, used the instant contributions for the limited purpose by item of the business plan stipulated in the instant agreement and used them for any other purpose. However, while the Plaintiff received the instant contributions as above, he received a false tax invoice of KRW 33,973,00 from the traders, such as D, while in the course of performing his duties, and submitted them to the Plaintiff and used the said money for the purpose stipulated in the instant agreement. In fact, the Plaintiff embezzled KRW 33,973,000 out of the instant contributions by offsetting the said money against the existing credit debt owed to the traders, and thereby, embezzled KRW 33,973,00 of the instant contributions by offsetting the said money for the purpose stipulated in the instant agreement.) According to the above facts of recognition, the Defendant received KRW 33,973,00 (hereinafter “the instant amount of embezzlement”).

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