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1. The Defendant’s KRW 75,000 and its annual rate from July 8, 2015 to November 4, 2016 to the Plaintiff is 5%, respectively.
Reasons
1. Basic facts
A. The Plaintiff is a person operating E’s agency, which is a drinking spring water distributor, in the name of “D” in the Hanam City, and the Defendant was a business employee of the said D from April 1, 2002 to November 7, 201, engaging in the business of selling and collecting raw water of the said company.
B. After the retirement of Defendant on May 2012, the Plaintiff asserted that the Defendant embezzled approximately KRW 22,986,300, and filed a complaint against the Defendant on charges of occupational embezzlement, etc., and the summary order was issued. The Defendant filed a formal trial (Seoul Central District Court 2013DaMa5928, hereinafter “instant criminal case”) against the above summary order. On October 30, 2014, the said court sentenced the Defendant to a fine of KRW 200,000 against the Defendant and acquitted the remainder of the acquittal, and the said judgment became final and conclusive on November 7, 2014.
(1) On May 2, 201, the Defendant: (a) did not deposit KRW 5,000, out of KRW 30,000,000, which was collected from F as a customer; (b) did not deposit KRW 25,000, out of KRW 80,000, which was collected from F on August 22, 201; and (c) did not deposit KRW 45,000,000, which was collected from F on October 16, 201, in the course of occupational embezzlement of KRW 75,000.
(2) The non-guilty part of the Defendant: (a) supplied the raw water to H middle schools located in Gangdong-gu Seoul Metropolitan Government from May 31, 201 to September 7, 201; and (b) kept 375,000 won of the market price released from June 8, 201 to October 10, and 75 of the raw water released from the market price of 445,000 to the above school; (c) arbitrarily disposed of the raw water and the raw water at around that time; and (d) disposed of the raw water at will during seven times from May 7, 200 to November 3, 201 in the same manner as indicated in the attached Table 1 through 7.