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(영문) 부산지방법원 2018.11.08 2017가합41012
손해배상(기)
Text

1. Defendant B and C jointly share KRW 500,000,000 with respect to the Plaintiff, as well as the year from June 24, 2016 to February 7, 2017.

Reasons

1. Basic facts

A. The relationship between the parties 1) Defendant B is the E Association from December 1, 1993 to May 25, 2016 (hereinafter “F Association before the merger”).

(2) Defendant C is an employee of each FF association prior to each merger on April 3, 1997, and Defendant C is the vice-director in charge of financing and mutual-aid, and Defendant D is the director in charge of receiving financial loans and the director in charge of receiving financial loans, respectively.

The retirement was made.

3) The Plaintiff was a G association established for the purpose of credit business, etc. for its members, and merged with the F association before the merger on June 8, 2016. (B) As a result of the relevant criminal case, Defendant B: (a) operated computerized data as if the loan was made to the members of the F association from March 29, 2010 to October 14, 2014; and (b) embezzled total of KRW 818,025,000 in a manner of voluntary use of the loan (hereinafter “Embezzlement of the loan of this case”) on October 14, 2016; and (b) was finally determined on February 14, 2017.

2) Defendant C embezzled the total amount of KRW 6,239,867,749 of the deposits of the union prior to the merger from August 13, 2007 to June 24, 2016 by in collusion with Defendant B, by issuing a false passbook to the union members requesting the re-deposit of deposits from the union members prior to the merger or by failing to deposit the deposits requested by them (hereinafter “Embezzlement of the instant deposit”).

On October 20, 2017, Busan District Court was pronounced guilty on October 20, 2017.

Defendant B, who was prosecuted as a co-principal in the above case, was acquitted on the grounds that the above judgment was in the relationship between embezzlement and blanket crime of the loans of this case, for which the judgment became final and conclusive, and on the remainder.

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