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(영문) 서울고등법원 2013.04.04 2012나41863
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

Reasons

1. Basic facts are companies registered on KOSDAQ established for the purpose of miscellaneous manufacturing business and foreign commercial agency business, and co-defendant C of the first instance court served as the Plaintiff’s internal director from May 22, 2009 to February 5, 2010 and served as the Plaintiff’s representative director from July 20, 2009 to January 13, 2010.

C Around June 2009, the Plaintiff’s subscription price of KRW 13.5 billion was kept for the Plaintiff. Around that time, the Plaintiff offered to acquire the Plaintiff’s shares using the Plaintiff’s largest shareholder for this device in the Plaintiff’s management dispute with M, etc., and offered to acquire the Plaintiff’s shares in the name of tea. For this purpose, the Plaintiff voluntarily withdrawn KRW 5.7 billion from October 30, 2009 to November 12, 2009 and embezzled the Plaintiff’s corporate bank account.

In addition, C embezzled up to five occasions from November 13, 2009 to November 30, 2009, the sum of KRW 3,330,000,000 from the Plaintiff’s above corporate bank account with KRW 1,330,00 won check or KRW 20,000,00 won check with the intent of raising awareness of the occurrence of such embezzlement.

C, as it is, there is concern that the source of the embezzlement of the above KRW 3.33 billion, which was embezzled from overseas capital, would be revealed if it is used as it is, C requested the High-Level Job Friendly Justice to laund money laundering. After high school, Defendant F, who is a double-income tax accountant, requested Defendant E and E, who is the mother of the laund money, to deliver the laundry embezzlement funds to Defendant G, who is the mother of the laund.

Accordingly, the J requested Defendant D to laund the laund of the above embezzlement fund, and Defendant D again requested Defendant B to do so, and Defendant B, through Defendant I and H, either commercialized of KRW 3.12 billion out of the above embezzlement fund or re-issued in small amount of checks as follows:

① Upon Defendant I’s request for the aforementioned money laundering from Defendant B, and on December 1, 2009, Defendant I received 1 billion won of embezzlement funds from J at a corporate bank established in the Eup/Myeon of Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do.

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