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(영문) 서울고등법원 2016.08.25 2016나6769
손해배상(기)
Text

1. Of the part against the Defendants in the judgment of the court of first instance, the amount of money ordered to be paid below is against the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company registered on KOSDAQ established for the purpose of miscellaneous manufacturing business and foreign commercial domestic agency business, and the co-defendant C of the first instance trial (hereinafter “C”) served as the Plaintiff’s internal director from May 22, 2009 to February 5, 2010, while serving as the Plaintiff’s representative director from July 20, 2009 to January 13, 2010.

B. Around June 2009, C has kept 13.5 billion won of the Plaintiff’s paid-in capital increase for the Plaintiff. Around that time, at the Plaintiff’s dispute over the management right, offered to acquire the Plaintiff’s shares using M, etc., the largest shareholder of the Plaintiff for this device, and offered to acquire the Plaintiff’s shares in the name of tea. For this purpose, C voluntarily withdrawn KRW 5.7 billion from October 30, 2009 to November 12, 2009 and embezzled the Plaintiff’s corporate banking account at will.

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. C requested the High-Friendly AppearanceJ to laund money laundering in the event of using the above 3.3 billion won, embezzled with overseas capital, and requested Defendant E and Ba, who is a senior certified tax accountant after high school, to deliver the laund money laund money to Defendant E and Ba, who is the mother of the laund.

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

① On December 1, 2009, Defendant B had I exchange in cash the total amount of KRW 1.02 billion out of the embezzlement funds that he was bound by J as a check.

hereinafter “the act of hiding the instant case 1.”

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