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1. The Defendant’s KRW 1,100,000,000 as well as 5% per annum from October 14, 2010 to December 22, 2016 to the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a company established for the purpose of taxi transportation business, etc., and the Defendant served as a person in charge of the Plaintiff’s accounting from June 4, 1979 to October 14, 2010, and has managed the Plaintiff’s funds through each individual account of the Plaintiff’s corporate account and the Plaintiff’s representative director C, D and Audit E (hereinafter collectively “Plaintiff’s executives”).
B. Upon the Plaintiff’s complaint, the Defendant was indicted for violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) and was sentenced to a three-year suspended sentence for the following criminal facts, etc. on May 2, 2014.
[Cheongju District Court 2013Gohap51, 74 (Joint) and 75 (Joint). From January 28, 2005 to October 14, 2010, the embezzlement of the account transfer method: (a) from January 28, 2005 to the Plaintiff’s corporate account and the Plaintiff’s officer’s personal account managed by the Defendant for the purpose of managing the Plaintiff’s funds; (b) transfer of KRW 3,767,476,00 to the Defendant’s personal bank account; and (c) transfer of KRW 327 times through Internet banking. From May 10, 2007 to September 15, 2010, the embezzlement of the payment method of processed benefits, the Defendant used the Plaintiff’s corporate account and the Plaintiff’s officer’s personal account managed by the Defendant to receive the employment incentive for disabled persons, and did not take measures such as embezzlement of KRW 261,266,000 to the Plaintiff’s new bank account under the name of 29.
The defendant's reason for sentencing against the defendant, when the plaintiff's funds are insufficient, remitted funds from his personal account to the plaintiff's corporate account from time to time, and the judgment of the court of first instance, Cheongju District Court No. 2012Da1870, Cheongju District Court No. 2012Da1870, such as offsetting the plaintiff's annual allowances and retirement allowances of KRW 14,00,000, is stated as 20