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1. Defendant B’s KRW 77,483 as well as 5% per annum from January 23, 2019 to July 12, 2019, respectively, to the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is the operator of the real estate rental chain, and the Defendant B is the person in charge of accounting, etc. at the above company, and the Defendant C is the husband of the Defendant B.
B. Defendant B was sentenced to one year of imprisonment in the case of the Chuncheon District Court’s early September 5, 2018, including the crime of embezzlement of KRW 55,777,483 (hereinafter “instant tort”). Defendant B was sentenced to one year of imprisonment in the Chuncheon District Court’s early branch case 2017 Godan524, 2018 Godan1269 (Merger). Defendant B was sentenced to eight months of imprisonment on December 20, 2018. Defendant B was sentenced to imprisonment for the said appellate court’s Gangnam Branch 2018No359 (Merger).
After that, the above appellate judgment became final and conclusive as it is.
(hereinafter referred to as “related criminal case.” The Defendant (Defendant B; hereinafter the same shall apply) is a person who has been in charge of accounting duties, etc. while working in the “D”, who is a lessee of the officetel’s guest room, operated by the victim A (Plaintiff; hereinafter the same shall apply) in the Young-si Etel F from July 2012 to September 2016.
The Defendant was able to collect rents, cable expenses, etc. from lessees leased through the aforementioned “D” by using the fact that the victim was residing in Pyeongtaek Incheon and did not work at the above “D” office, and used them at will for personal living expenses, etc. of the Defendant.
On November 12, 2012, the Defendant: (a) received KRW 200,00 from H, a lessee of the instant officetel G, who was leased by the victim in the foregoing office; (b) used it at will for the victim’s personal living expenses, etc.; and (c) embezzled it by arbitrarily using KRW 5,77,483 in total for the victim from September 8, 2012 to June 28, 2016, including the Defendant’s personal living expenses, etc. at around that time; and (d) embezzled it by arbitrarily using KRW 5,77,483 in total for the victim from around September 8, 2012 to June 28, 2016.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 16 and 17, the purport of the whole pleadings
2. Determination as to the Plaintiff’s claim against Defendant B