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(영문) 서울중앙지방법원 2020.10.21 2016가합6472
부당이득금
Text

1. The Defendants jointly share KRW 20,797,470 to the Plaintiff, and Defendant B from June 24, 2016 to Defendant C.

Reasons

1. Basic facts

A. Defendant B was the representative director of the Plaintiff from December 28, 2009 to September 9, 2015, and Defendant C was an employee of the Plaintiff from September 201 to October 5, 2015. The Defendants were indicted as Seoul Central District Court 2016Kadan4182 on the ground of the suspicion that the Defendants embezzled the Plaintiff’s company’s funds at will by using the Plaintiff’s company’s funds.

B. On January 17, 2019, the Seoul Central District Court rendered a not-guilty verdict on the Defendants’ partial embezzlement, and recognized the remainder as guilty, sentenced Defendant B to a suspended sentence of one year and six months, and a suspended sentence of two years to Defendant C, respectively.

C. Accordingly, the prosecutor partially modified the facts charged regarding embezzlement for which innocence was pronounced while appealed as Seoul Central District Court 2019No386, and the Seoul Central District Court granted permission.

On June 12, 2020, the Seoul Central District Court reversed the acquittal portion of the judgment of the court below and sentenced not guilty, and dismissed the prosecutor's appeal on the guilty portion of the judgment of the court below.

The above judgment became final and conclusive on June 20, 2020.

(hereinafter “relevant criminal judgment”) d.

The summary of the defendants' criminal facts recognized in the relevant criminal judgment is as follows.

1. The Defendants conspired to commit an act of conspiracy with the Defendants, even though the advertising company, “D,” was not entrusted with the installation of advertising materials by the Plaintiff, paid the price by pretending to be used at will without permission, and the Defendants conspired to prepare a false tax invoice and claim the price. Defendant B, after approving the payment of the construction price, wired the Plaintiff’s company funds to the account in the name of the Defendant C, etc. and then embezzled KRW 99,587,000 in total over 28 times from January 16, 2013 to September 4, 2015 by arbitrarily using the Plaintiff’s funds.

2. The defendant B's sole criminal conduct;

A. Defendant B voluntarily withdraws the company’s funds from the company bank’s deposit account in the name of the Plaintiff.

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