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1. The defendant shall pay to the plaintiff 686,763,894 won and 20% per annum from July 1, 2015 to the day of complete payment.
Reasons
1. Basic facts
A. From September 2007 to December 201, 2013, the Defendant has sold wheat and wheat, etc. produced by the Plaintiff, which were manufactured at the Plaintiff’s stores B, to customers and has collected the price therefor.
B. On January 9, 2010, the Defendant sold wheat, etc. to C, and received sales proceeds of KRW 3,400,000,00 from the Defendant’s bank account in the name of Han Bank, and received KRW 1,097,06,915 in total for 235 times until December 27, 2013, such as remittance of wheat, etc. to the account in the name of Han Bank in the name of the Defendant, Han Bank in the name of the Defendant, Han Bank Account, and Ko Bank Account, and kept it for the Plaintiff.
C. When delivering wheat, etc. to a place other than a business entity registered as a business entity in the Plaintiff’s internal computer system (hereinafter “the second business entity”), the Defendant used the name of the registered business entity (hereinafter “the first business entity”) and deposited it into the Plaintiff’s account by directly collecting the sales proceeds. The Defendant used such circumstance to deliver wheat, etc. to the second business entity and entered it into the electronic computer system so that it can be seen as an outstanding amount from the first business entity, and then consumed part of the sales proceeds received from the second business entity to the Plaintiff’s account instead of remitting it to the Plaintiff’s account.
As above, the defendant was indicted for violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) of Gwangju District Court No. 2014Da125 on the ground that he arbitrarily consumeds funds stored in the business for the plaintiff and embezzled KRW 1,097,066,915.
In the trial proceedings of the foregoing case, on October 2, 2014, the prosecutor changed the indictment as embezzlement of only KRW 748,895,704 (=1,097,066,915-348,171,211) by remitting the Defendant’s KRW 348,171,211 to the Plaintiff. On October 8, 2014, the said court convicted the Defendant of imprisonment for three years and six months (3 years and six months).
E. The defendant appealed.