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(영문) 서울중앙지방법원 2020.09.24 2019가합522777
부당이득금
Text

Defendant B Co., Ltd., Ltd., and Defendant H, 4,000,000 won and each of them from June 26, 2020.

Reasons

1. Each claim against the defendant B and H

(a)as shown in the grounds for the change in the attachment of the claim;

(b) Judgment made by the confession of applicable provisions of Acts (Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act);

2. Each claim against Defendant E and J

A. Basic facts 1) The Plaintiff is a company that conducts the Plaintiff’s financial director from October 26, 2010 to May 22, 2018 and conducts the Plaintiff’s financial management, disbursement, etc. (i.e., the Plaintiff’s financial director) K from October 26, 2015 to May 21, 2018; and (ii) K was charged with the Seoul Central District Court as Seoul Central District Court with the charge of embling property worth KRW 5,350,750,00 in total at Internet gambling sites and casino sites and casino sites; and (iii) habitually, while performing the Plaintiff’s financial management, it embezzled the Plaintiff’s total amount of KRW 1,845,536,333, total sum of the Plaintiff’s funds over 220 times from October 26, 2015 to May 22, 2018.

On August 21, 2020, the above court found K to be guilty of habitual gambling, and sentenced K to two years of imprisonment with prison labor, recognizing that part of the crime of occupational embezzlement (the Plaintiff’s total sum of the Plaintiff’s funds held at least 30 times from October 28, 2015 to May 19, 2018, was guilty of embezzlement of KRW 286,815,901, and the remainder of the embezzlement) is guilty.

The appeal is pending in the appellate trial as Seoul High Court 2020No1560 at present after both the prosecutor and K.

(3) With respect to the crime of habitual gambling by K in the judgment of the first instance court in the relevant criminal case (hereinafter referred to as “related criminal case”), the Defendant E was recognized as the nominal owner of the gambling account related to the Internet gambling site, and the Defendant J as the nominal owner of the gambling account related to the repayment of the funds for overseas parliamentary gambling. 4) K is currently insolvent.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 4, Gap evidence Nos. 7 through 11, obvious facts to this court, the purport of the whole pleadings

B. K’s gambling funds recognized in the criminal case related to the primary argument of the Plaintiff’s assertion are all from the Plaintiff.

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