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(영문) 의정부지방법원 2016.03.25 2014가합50491
손해배상(기)
Text

1. The Defendant’s KRW 186,959,480 for the Plaintiff and the following: 5% per annum from February 19, 2014 to March 25, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff is a corporation established with the purpose of jointly producing, processing, and selling the standard as its business, and the Defendant has been in charge of selling the standard and managing the funds from around 2008 to the Plaintiff’s union as its secretary-general.

B. The Defendant was indicted on the ground that it embezzled funds, proceeds from sale of standard, and standard that the Plaintiff Union had been on duty for the sake of the Plaintiff Union as the District Court Decision 2012 Godan2701, which rendered a judgment of conviction and acquittal of part of the facts charged on March 10, 2015.

Therefore, both prosecutors and the defendant appealed as the District Court 2015No868, and the above court accepted the prosecutor and the defendant's appeal on November 20, 2015, respectively, and reversed the judgment of the first instance court. The part which found the defendant guilty is as follows.

① From August 27, 2008 to June 8, 2011, the Defendant embezzled an association fund of 222,578,480 won in total on 95 occasions, as indicated in [Attachment List Nos. 1 to 104], from around August 27, 2008 to around June 8, 201.

② From October 22, 2010 to January 13, 2011, the Defendant embezzled the sales proceeds by consuming the standard amounting to KRW 9,787,00 in total on 16 occasions, as indicated in [Attachment List Nos. 105 to 126] from around October 22, 2010.

③ From September 28, 2009 to October 28, 2010, the Defendant embezzled a total of 14,594,000 won on 43 occasions, as indicated in the annexed Table Nos. 127 to 169, a total of 127 to 169.

C. The Defendant’s appeal against the above appellate judgment is pending in the final appeal.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 2, 4, the purport of the whole pleadings

2. Determination:

A. According to the above facts, barring any special circumstance, the defendant is a person who received reimbursement from the plaintiff at KRW 246,959,480 (=22,578,480 won), 9,787,00 won, 14,594,000, as compensation for damages caused by a tort (i.e., 60,000 won).

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