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(영문) 전주지방법원군산지원 2016.12.06 2016가단2050
손해배상
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Plaintiff’s assertion

The defendant was the chairperson of the plaintiff, who was held on April 20, 2012, dismissed from the general meeting of the plaintiff.

The Defendant embezzled KRW 47,430,425 of the Plaintiff’s funds in the course of performing the Plaintiff’s president position as follows.

On October 19, 2009, the Defendant withdrawn KRW 15,500,000 from the Plaintiff’s account (CF)’s account, but deposited only KRW 15,000,000 on October 28, 2010, and embezzled KRW 500,000.

Examining the Plaintiff’s above account, the Defendant’s total income amounting to KRW 204,720,733 during the Defendant’s term of office is KRW 111,443,116, and the amount of expenditure is KRW 93,277,617, which is the Plaintiff’s property.

However, since the whereabouts of 33,530,425 won of the above amount cannot be known, it should be viewed that the defendant embezzled.

On April 4, 2012, the Defendant embezzled KRW 2,300,00 under the pretext of remitting from the Plaintiff’s community credit cooperatives account (D) to E.

On April 20, 2012, the Defendant: (a) withdrawn KRW 8,000,000 from the Plaintiff’s account of the above community credit cooperatives as the construction price, and embezzled it.

On May 7, 2012, the Defendant withdrawn KRW 200,000 from the Plaintiff’s account of the above community credit cooperatives under the name of roof renovation and repair expenses and embezzled.

On April 22, 2011, the Defendant: (a) withdrawn KRW 2,150,000 from the Plaintiff’s account of the above community credit cooperatives for fire-fighting system installation expenses and embezzled it.

On December 27, 2010, the defendant withdrawn 750,000 won in the name of logistics warehouse trial expenses from the Agricultural Cooperative Account listed in paragraph 1 of the plaintiff and embezzled.

Therefore, the defendant should pay to the plaintiff the total amount of embezzlement 47,430,425 won and damages for delay.

The following facts are recognized according to the respective descriptions of Nos. 1, 2, and 3 in the form of evidence and the purport of the whole pleadings.

At present, F, who is the president of the Plaintiff, filed a criminal complaint against the Defendant for the criminal facts that the Defendant embezzled the Plaintiff’s public funds.

F’s accusation against the Defendant

1.(b)

1) The same fact of embezzlement is set out in (3), (4), (5), and (6) 7.

The Gun Office of the former District Prosecutors' Office shall be located.

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