1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Basic Facts

The Plaintiff is a partner of C Co., Ltd. (hereinafter referred to as “C”), which has entered into a service contract with C every year, and C provides services for the repair and exchange of electronic equipment pursuant to A/S received from the customer and received the contract fees from C.

The defendant is an employee of the plaintiff from September 1, 2009 to September 30, 201.

The Defendant, along with D who operates a secondhand shop, intended to obtain money from a television manufacturer for television which cannot be repaired due to parts parts, etc. from a television manufacturer, through a provision that makes the highest purchase price to the consumer, he/she acquired money from a false refund (hereinafter referred to as "first crime").

D In this regard, after securing a large amount of the difficult television at a low price, D takes place while lending the name of many people to purchase and using the television produced by E through a normal distribution channel, and takes measures to ensure that the Defendant is an article responsible for receiving the report of failure and acceptance of the report of failure, and the Defendant takes measures to ensure that D is an article in charge of receiving the report of failure, despite the fact that there is a broken television in the warehouse of D's heavy and high-speed electric power plant, and it takes place as if D inspected and repaired the television at the address of the customer in the name of the above disability or if it is inevitable to refund the reported television without visiting the customer's address because it is impossible to repair it, and then, submitted C with a false statement of refund to C. Accordingly, it misleads C by mistake that the customer who purchased the final television would suffer from the loss caused by a malfunction that it is impossible to repair while using it, and thus, it takes part in the amount of refund under the customer's name by receiving refund money equivalent to the value of the television.