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(영문) 서울북부지방법원 2015.02.10 2014나3854
손해배상
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff is a business entity that engages in documentary wholesale and retail business against the Boshan Private Teaching Institutes under the trade name of “C” (hereinafter “Plaintiff”), and the Defendant worked for the Plaintiff Company as an operating employee from November 18, 2008 to January 7, 2013.

B. In order for a business employee to secure a new customer or to assist in the transaction of books in the region in which the business employee is in charge, the company shall enter the customer, the kind, quantity, price, etc. of the goods into the computer and then print out a transaction statement and deliver it to the business employee. The business employee shall receive the goods in accordance with the transaction statement and deliver the books to the business partner, receive the book payment, receive the book payment, and then manage the transaction details, the deposit details, the return details, etc. on the book transaction card with the signature of the other party.

In addition, when a business operator receives a payment from a customer, he/she shall issue a payment statement after entering the transaction card and provide it to the company, and the company shall enter the return amount, settlement amount, and attempted amount, etc. for each customer in the electronic data processing ledger.

C. On January 7, 2013, the Defendant retired from the Plaintiff Company, and did not return 200 copies of the book transaction card necessary for the customer management who was in the custody of the Plaintiff for the Plaintiff. On January 9, 2013, the Defendant sent a text message to D with the effect that the book transaction card should be returned from the employee D of the Plaintiff Company, but around January 15, 2013, the Defendant sent a text message to D with the effect that “the book transaction card was teared.” On January 16, 2013, the Defendant was notified that the book transaction card was returned from the Plaintiff Company by January 23, 2013, but rejected the return of the book transaction card.

Accordingly, the Plaintiff filed a complaint against the Defendant on charges of occupational embezzlement around February 2013, and the Defendant was indicted for occupational embezzlement on April 1, 2013 and received a summary order of KRW 1 million. The above summary order is around that time.

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