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1. The Defendants jointly share KRW 1,00,000,000 to the Plaintiff and Defendant C with respect thereto from August 18, 2015.
Reasons
1. Basic facts
A. Defendant B was the representative director of the Plaintiff from March 3, 2010 to March 14, 2013; Defendant C was the deputy head in charge of the Plaintiff’s business from February 4, 2009 to February 7, 2013; Defendant D was the person in charge of the Plaintiff’s sales management, customer management, etc. from January 26, 2007 to February 7, 2013.
B. On September 11, 2013, Defendant D was sentenced to four years of imprisonment due to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) in the Daejeon District Court Seosan Branch of the Daejeon District Court (2013Gohap5, 15 (Merger)), and was sentenced to three years of imprisonment by the Daejeon High Court (2013No453), which was the appellate court, on April 11, 2014 (2013No453), and on July 10, 2014, the appeal was dismissed, and the judgment of the said appellate court became final and conclusive.
The criminal facts of Defendant D's violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) are as follows.
(2) The Defendant Company E (hereinafter referred to as “E”) has the duty to manage rice sales and accounts receivable by accurately stating the details of the actual sales and supply in the case of credit sales after the supply of the product. Defendant D has the duty to manage the accounts receivable of rice sales and accounts receivable of credit around November 2, 2009. Defendant E (hereinafter referred to as “E”) around November 2, 2009;
“Stock Company” in front of the name of the Company is omitted.
B. On August 17, 2010, the credit transaction amount of KRW 1 billion, KRW 80 million, KRW 500 million, and KRW 2.1 billion, on November 2, 2010, the credit transaction amount of F and F were concluded with the credit transaction amount of KRW 2.1 billion. Since the above E and F were the enterprises operated under the name of another person, the credit transaction agreement of KRW 4.4 billion, which is the total amount of KRW 4.4 billion, was to exceed the credit limit of the same person according to the Plaintiff’s credit transaction method.