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(영문) 서울동부지방법원 2017.05.19 2016가단130586
손해배상(기)
Text

1. The Defendant’s KRW 29,826,50 for the Plaintiff and KRW 5% per annum from April 28, 2015 to October 10, 2016.

Reasons

1. Basic facts

A. The Plaintiff (hereinafter “Plaintiff Association”) is a non-corporate group aimed at supporting C players.

From January 15, 2014 to March 31, 2015, the Defendant, while serving as the secretary general of the Plaintiff Association, was engaged in the work of discovering C players, managing City/Do branches, executing budgets, etc., and managed a new bank account in which various funds, such as expenses for administrative operation, personnel expenses, retirement allowances, etc. of the Plaintiff Association are deposited.

B. On April 16, 2014, the Plaintiff Association was designated as a management organization of D (hereinafter “instant D”) and suspended the rights and authority of the Plaintiff Association, and the instant D took charge of the overall duties of the Plaintiff Association.

The defendant is a person who has been in office as the secretary general of the plaintiff's association and has been in office a new bank account under the name of the plaintiff association.

On February 10, 2014, the Defendant transferred KRW 699,500,00 from the new bank account under the name of the Plaintiff Association E, the victim, to the bank F account in the name of the Defendant, using the office computer of the Plaintiff Association at the office of the Plaintiff Association, and voluntarily consumed the Defendant’s fine payment, personal debt, living expenses, entertainment expenses, etc. at the Seoul branch around that time.

From that time to March 31, 2015, the Defendant transferred 4,454,753 won, including the administrative operating expenses, personnel expenses, retirement allowances, and tuition allowances of the Plaintiff Association, to the personal account under the name of the Defendant, through the same method over a total of 16 times, as shown in the attached list of crimes, and consumed arbitrarily for personal purposes in Seoul, etc. around that time.

Accordingly, the defendant embezzled the property of the plaintiff's association, which was in his business custody.

C. On May 25, 2016, the Defendant was sentenced to imprisonment with prison labor for not less than eight months for the following criminal facts by Seoul Eastern District Court Decision 2015Da3510, and the said judgment became final and conclusive.

On June 26, 2015, the Plaintiff paid KRW 6,128,253 as insurance money for the insured incident caused by the embezzlement from the Seoul Guarantee Insurance.

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