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(영문) 서울중앙지방법원 2015.12.10 2015나17714
대여금반환 등
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The parties’ relationship between the Plaintiff and the Defendant had been an employee of the SKNE who is a financial product company, and the Plaintiff traded unlisted stocks through the Defendant.

B. The Plaintiff’s remittance and consignment 1 for sale of shares) The Plaintiff’s total amount of KRW 2,458,00,000,000 for the Defendant on February 17, 2012 and KRW 3,650,000 for the 2,4580,00 (hereinafter “instant KRW 1”).

(2) The Plaintiff remitted to the Defendant the sum of KRW 250,020,000 (hereinafter “instant KRW 2”) on nine occasions from March 15, 2012 to May 19, 2012.

3) The Plaintiff’s total sum of KRW 10 million on March 30, 2012 and KRW 19.8 million on March 31, 2012 (hereinafter “instant KRW 3”) to the Defendant (hereinafter “instant KRW 3”).

(4) On May 2, 2012, the Plaintiff entrusted the Defendant with the sale of 3,500 shares of MON Co., Ltd. (hereinafter “MON”) held by the Plaintiff, and entered the said shares into the Defendant’s securities account.

C. On July 23, 2012, the Plaintiff filed a criminal complaint against the Defendant against the crime of breach of trust and fraud. On April 25, 2013, the Defendant was sentenced to a suspended sentence of two years and a conviction of 80 hours for community service in the Seoul Central District Court for the crime of embezzlement for eight months, and the said judgment became final and conclusive around that time.

On the other hand, the facts charged in the above conviction are as follows.

1. On March 15, 2012, the Defendant was transferred 4.5 million won to the Defendant’s Samsung Securities Account (E) in the name of the Defendant, “The Defendant would purchase and order the Victim A to purchase the unlisted stocks, such as “(State) information and communications, and (State) Scagle C,” and “I will purchase the unlisted stocks more than the present hour.”

While the Defendant kept the above money with a share purchase fund from the victim, on March 15, 2012, the Defendant arbitrarily transfers the money to F to F bank account in the name of the F to repay the purchase of shares and the secured loan, etc. on or around March 15, 2012, together with the entry in the list of crimes in the attached list of crimes, from March 15, 2012 to May 21, 2012.

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