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(영문) 대전지방법원천안지원 2017.11.03 2017가합318
손해배상
Text

1. The Defendants jointly share KRW 250,000,000 to the Plaintiff and Defendant B with respect thereto from April 25, 2017, and Defendant C.

Reasons

1. Basic facts

A. Defendant C is the representative of D, who operated the cafeteria (hereinafter “instant cafeteria”) in the F Co., Ltd. located in Seoan-gu, Seoan-gu, Seoan City (hereinafter “Nonindicted Company”) from around 1997 to 2012.

B. From March 1992 to October 2012, the Plaintiff served as a dietitian belonging to Non-Party Company’s general affairs and work support sub-a-the-job, while managing and collecting the number of meals in the instant cafeteria, and reported to the Non-Party Company, and set a restaurant line new, and was in charge of examining food materials.

C. On September 30, 2013, the Plaintiff received an illegal solicitation from Defendant C on October 1, 2002, to the effect that “the number of food death workers is calculated to be excessive, and reported to the company”, and in return, acquired KRW 347 million in total until August 31, 2012.

As the facts charged such as breach of trust, Defendant C was indicted on the charges of giving 347 million won or more to the Plaintiff as above (this Court Decision 2013Gohap196). On May 7, 2014, this Court convicted the Plaintiff and Defendant C of all the above facts charged and sentenced them to collect 347 million won or more from each year of imprisonment and the Plaintiff.

2) As to the judgment of the first instance, the Plaintiff and the Defendant C appealed (the Daejeon High Court No. 2014No218, the above appellate court rendered a partial modification of the contents of solicitation among the facts charged as to the receipt of property in breach of trust and the receipt of property in breach of trust by the Plaintiff and the Defendant C, and there was no major modification of the facts charged.

On September 26, 2014, the Daejeon High Court found the Plaintiff and Defendant C guilty of the charges of taking property in breach of trust and the charges of giving property in breach of trust on September 26, 2014, and sentenced the Plaintiff and Defendant C to collect the amount of KRW 347 million for each year of imprisonment. The above appellate judgment was finalized on October 7, 2014.

On the other hand, Defendant.

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