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(영문) 서울북부지방법원 2016.11.16 2016가합21241
구상금
Text

1. Joint with the Plaintiff:

A. Defendant B shall be annually from October 20, 2015 to September 6, 2016, as well as KRW 182,900,00.

Reasons

1. Basic facts

A. The Plaintiff is the autonomous management body of the Seoul Northern-gu Seoul Metropolitan Government F shopping mall (hereinafter “F”). Defendant B served as the head of the Plaintiff’s accounting division from April 27, 2009 to October 13, 2015. Defendant C was engaged in the management administration and accounting affairs as the head of the Plaintiff’s management office from July 2012 to October 2015.

Defendant E served as the Chairperson from March 28, 2013 to December 2014, and Defendant D from February 2015 to January 2016.

B. Defendant B prepared the column for the amount of the deposit request as stated in the Plaintiff’s resolution, and submitted it to the Plaintiff’s warden, general secretary, and president with an approval, and affixed seals to the said request for deposit management expenses, and accordingly engaged in the business of withdrawing the commercial building management expenses. On February 25, 2013, Defendant B arbitrarily stated the “SYYYYYY 83,000 (83,000)” in the column for the amount of the deposit payment written in the Plaintiff’s name and used the “SYYYYY 83,00,000 (1,083,000) as a document duly formed by altering it, and used it as if it were a document duly formed by the Plaintiff’s employees. From 10,000 won out of the deposit management expenses to 30,000 won out of the total amount of 1,000 won out of the deposit management expenses deposited in the Plaintiff’s name, Defendant B embezzled it to 30,2015.

On December 18, 2015, Defendant B was sentenced to two-year convictions of imprisonment due to occupational embezzlement, alteration of private documents, and uttering of altered private documents for criminal facts. Accordingly, Defendant B appealed, which was sentenced to dismissal of appeal in Seoul High Court (No. 2016No34) and became final and conclusive around that time.

C. Defendant B’s above embezzlement crime caused damage to the Plaintiff, and the Plaintiff is below Seoul Guarantee Insurance Co., Ltd.

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