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(영문) 대전지방법원 천안지원 2018.07.20 2017가합102252
해고무효확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff entered the Defendant on January 23, 1995 and worked for the Defendant’s financial team, etc. by March 15, 2013. From March 16, 2013, the Plaintiff is a new global department store C (hereinafter “department store”) operated by the Defendant.

2) The Defendant’s department department support team (department D) served as the deputy head of the support team (department D). (2) The Defendant’s department store support team had the duty office, product management, special sales, gift certificates, etc., but the special sales department was composed of the Plaintiff, the deputy head, the E, and the Plaintiff, the deputy head, and the gift certificates department was composed of G, the H, the I, and the J.

On the other hand, the financial team of the defendant had K in the accounting department as a leader and a supervisor.

Meanwhile, the Plaintiff received a report on the sales performance from F in the form of daily report, and the gift certificates department among the support team was also in charge from August 2016.

B. F’s embezzlement 1) The Defendant’s employees did not verify whether the price for the new world department stores sold to the Defendant was recovered from the Defendant’s employees on July 2015, 2015, by using the fact that: (a) the gift certificates were arbitrarily released to the customer and used in cash in the gift certificates exchange office; and (b) around July 20, 2015, the Defendant’s embezzlement committed a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (hereinafter “Embezzlement”) with the content that the Defendant embezzled the Defendant’s property by arbitrarily exchanging the gift certificates of KRW 604,00 in cash at the gift certificates store; and (c) he received a request for purchase of gift certificates amounting to KRW 700,000 from the “natural Education Organization,” and received the gift certificates, and used them in cash at the gift certificates exchange office located in the Dong-gu Seoul-gu, Seoul; and (d) thereafter, from the time to June 30, 2017, embezzled the Defendant’s property by arbitrarily exchanging the Defendant’s property (hereinafter “Embezzlement”).

(1) The Plaintiff was sentenced to imprisonment with prison labor for a year and ten months and the above sentence became final and conclusive ( Daejeon District Court Decision 2017Gohap172, Daejeon High Court Decision 2017No443, 2).

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