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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Basic facts
A. The Defendant is a corporation for the purpose of establishing and operating medical welfare facilities for the aged in accordance with the Social Welfare Services Act, which is established and operated a medical care center for the aged, located in C at a leisure time (hereinafter “D Service Center”).
The plaintiff is a person who has worked as the president of the Dental Care Center.
B. (1) On May 10, 2015, the Defendant’s representative E filed a criminal charge of occupational embezzlement, occupational breach of trust, etc. with the office of the Gwangju District Prosecutors’ Office as follows:
(The instant complaint is filed) 1. The Magju District Public Prosecutor’s Office’s Net Branch Office, 2015, No. 25344, hereinafter “instant complaint”).
The same applies below. From January 17, 201, the Defendant, while working as the president of the Medical Care Center from around January 17, 201, sold five containers with the said Medical Care Center for KRW 1,80,000,000 to a person who was the first police officer of the said Medical Care Center. The Defendant arbitrarily consumed the purchase price to the victim and embezzled the victim’s property at his/her discretion during the course of business; ② the Defendant was in office as the president of the Medical Care Center around November 25, 2012, while the Defendant paid the new construction cost of the D Medical Care Center, he/she prepared and delivered a letter of intent that the Defendant would pay approximately KRW 480,000,000 for additional construction cost even though the complainant paid the construction cost of the D Medical Care Center F, and thereby, the Defendant was charged with embezzlement of KRW 1,80,000 from April 13, 201 to May 27, 2014.
(3) On January 19, 2017, the first instance court rendered a fine (1 million won) on the facts charged in paragraph (1) of the said Table, recognizing that the facts charged were guilty on January 19, 2017 and sentenced the Plaintiff to a fine (1 million won).
(4) The above court of first instance.