beta
Text
1. The judgment of the court of first instance is modified as follows.
The defendant shall pay to the plaintiff KRW 3,894,519,171 as well as September 2013.
Reasons
Basic Facts
The Plaintiff is a school foundation that has a A kindergarten, A Elementary School, A Middle School, A High School, A High School, and Amar High School since the establishment of the deceased C (the “the deceased”) president on April 14, 2009, around 1952.
Since the Defendant was appointed as a teacher of a middle school around March 2, 1968, the Defendant served as the principal of a Ahigh school from around 1999 to the director of a department (after change to the secretary general), from around 2005 to the director of a school foundation A(after change to a standing director). As a standing director and a secretary general of a A driving school, a director general of a secretariat, and a principal of a A high school, and a person who has overall control over the deceased’s personnel affairs and administrative affairs of schools
The Defendant’s criminal punishment against the Defendant was charged with embezzlement of the Plaintiff’s school expenses of the same item as indicated in the table 1 below (hereinafter “the instant embezzlement”), etc. on November 23, 2012, and was sentenced to five years of imprisonment by the Seoul Northern District Court for the crime of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement), etc. (the above court’s 2012 High Court, 81, 328 (combined)), and the Defendant’s appeal (Seoul High Court 2012No4178) and the appeal (Supreme Court 2013Do6389) became final and conclusive.
(hereinafter referred to as “related criminal case”). The amount of the crime period used is the raising of funds and embezzlement from August 27, 2003 to April 9, 2009, including the living expenses of the Deceased of KRW 3,94,534,439 to April 14, 2009; the raising of funds and embezzlement of KRW 1,048,706,525 won from April 15, 2009 to April 12, 2010; the repayment of personal loans of the Deceased; the deceased’s hospital and funeral expenses; the deceased’s personal use to the deceased’s hospital and funeral expenses; the expenses incurred in embezzlement of KRW 3,94,534,439 from August 20 to April 9, 209 to KRW 200; the expenses incurred in embezzlement of KRW 1,048,70,525,000 from August 20 to KRW 3, 2008; and the expenses incurred in embezzlement of the school.