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(영문) 서울남부지방법원 2016.09.01 2015가단245262
구상금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. From September 2003, E, a major shareholder of D Co., Ltd. (hereinafter “D”) acquired 81.82% of D’s stocks in the name of F, etc., an ASEAN, etc., and actually led D’s management.

The plaintiff, as an E's wife, was serving in the past passenger transportation company in the South Korean passenger transportation company and retired from office D on October 1, 2003 at the recommendation of E, and served as the head of D's accounting division, the director in charge of accounting and the managing director in charge of accounting, and the managing director in charge of accounting, etc. from the time to February 28, 2009.

B. Defendant B served as the director of the D’s accounting division from September 17, 2003 to July 2009, and was in charge of the company’s entry, withdrawal, and accounting. Defendant C served as the director of D’s management division from September 17, 2003 to June 2009, and was in charge of material management, vehicle management, etc.

C. The joint tort committed jointly with the Plaintiff and the Defendants are as follows.

(1) The Plaintiff, in collusion with Defendant B and E, embezzled KRW 56,30,00 in total over 68 times from September 23, 2004 to October 10, 2005, in a way that it separately stored the money in cash out of the daily transportation revenue of D by omitting it from the revenue day, and then wrongfully embezzled KRW 56,30,000.

(2) In addition, the Plaintiff, in collusion with the Defendants and E, prepared a disbursement resolution and tax invoice as if the transit price was paid more than the actual amount, and embezzled a total of KRW 232,608,000 on 12 occasions from March 11, 2005 to October 25, 2008 by way of receiving cash refund of the difference from the Korea-Nam Energy Co., Ltd., an oil supplier, to E, and embezzled a total of KRW 232,608,00,00 on 12 occasions. ② The Plaintiff prepared a document as if he purchased the unused bus parts, and disbursed the purchase price in cash and delivered it to E, from March 29, 2005 to December 26, 207, and embezzled a total of KRW 319,095,980 on 63 occasions from March 29, 2007 to December 26, 207.

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