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(영문) 서울북부지방법원 2020.11.18 2020가합21996
부당이득금
Text

Defendant B’s KRW 1,68,559,930 for the Plaintiff and KRW 5% per annum from February 22, 2012 to April 29, 2020.

Reasons

Basic Facts

Defendant B’s occupational embezzlement (hereinafter “instant non-financing account”) managed the FG association account in the name of “non-financial funds” account, which was called the Plaintiff Company’s operating expenses. However, from around 2002, Defendant B embezzled KRW 2,002,132,870 in total over 61 times from that time to February 22, 2012, with an objection to the failure to receive wages, bonuses, dividends, etc., at each time when the Plaintiff Company’s funds were surplus, with the intent to embezzled certain amount from the instant non-financial fund account by transferring it to its own account. On February 16, 2009, Defendant B embezzled the Plaintiff’s office’s embezzlement of KRW 5 million from the instant non-financial fund account to the Defendant’s H bank account.

As to the embezzlement of the above 1) as to the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement), Defendant B was indicted for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) and was convicted of a four-year imprisonment by the above court on June 27, 2019, and filed an appeal by Defendant B (Seoul High Court 2019No1598), but the appeal was dismissed by the above court on December 10, 2019, and the above judgment of the appellate court became final and conclusive around that time. Defendant B entered into a sales contract between Defendant B and the remaining Defendants on December 18, 2017 with Defendant E on December 18, 2017, KRW 80 million (a contract amount of KRW 80 million on the day of the remainder, KRW 720 million on the day of the contract, and KRW 1,000,000 on February 23, 2018 (hereinafter referred to as “the sales contract”).

(1) On March 6, 2018, Defendant E completed the registration of ownership transfer on the foregoing real estate on March 6, 2018. Defendant B, who is the husband’s death on March 23, 2018, sold the share of the instant commercial real estate to Defendant C and D at KRW 1 billion (the contract amount of KRW 100 million on the date of the contract, and the remainder of KRW 900 million on March 28, 2018) (hereinafter “instant secondary sales contract”).

(b).

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