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(영문) 전주지방법원 2016.12.07 2015가합3081
손해배상(기)
Text

1. The Plaintiff:

A. Defendant D’s KRW 278,656,470 as well as 5% per annum from July 1, 2014 to May 23, 2016.

Reasons

1. Facts of recognition;

A. The relationship between the parties (1) The Plaintiff is a welfare corporation established for the purpose of welfare projects for the elderly, etc., and is operating the F Care Center located in Jeonbuk-gun E.

(2) Defendant B served as the Head of the F Care Center, Defendant C as the Head of the F Care Center, and Defendant D as the Head of the Administrative Division.

B. Defendant D’s embezzlement (1) for six years from July 17, 2008 to June 30, 2014, Defendant D embezzled money to the Plaintiff and admitted persons, such as the Plaintiff’s list of crimes, by claiming operating expenses, etc. from the monthly amount received from the Health Insurance Management Corporation to two double.

(2) Defendant D was indicted for occupational embezzlement of Jeonju District Court 2015Kadan1001 and was sentenced to two years from the above court. Defendant D appealed with the Jeonju District Court 2015No1721, but was sentenced to dismissal on February 17, 2016 by the above court. The above judgment was finalized on February 25, 2016, and the summary of the crime is as follows.

Criminal facts

From March 29, 2010 to June 30, 2014, Defendant (Defendant D; hereinafter the same applies) engaged in the accounting of revenues and expenditures at the victim F medical care center that treats older persons, including dementia patients, etc., in the former North Korean armed forces E, and managed long-term care benefits that the above F medical care center received from the Health Insurance Management Corporation.

Around March 31, 2010, the Defendant deposited KRW 4,000,000,000, out of the said F Care Center’s account in the name of the victim I, who was admitted to the said F Care Center in G for the purpose of I, and deposited it into the Agricultural Cooperative’s name on the same day, and arbitrarily used it, and around August 1, 201, at the F Care Center’s expense, KRW 3,000,000,000, which was entered into the said F Care Center’s account in the name of the victim F Care Center.

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