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1. The Defendant’s KRW 801,474,934 as well as the Plaintiff’s annual rate from December 24, 2012 to October 10, 2019.
Reasons
1. Basic facts
A. From June 11, 2010 to June 11, 2013, the Defendant filed a complaint with the purport that the Defendant embezzled the Plaintiff’s total property amounting to KRW 4,100,000,000, while the Defendant was working as the Plaintiff’s representative director on July 2017.
B. As a result of the investigation into the Defendant, the Defendant was indicted as a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement), and the Gwangju District Court sentenced the Defendant to imprisonment for two years on September 14, 2018 for the following criminal facts (hereinafter “instant criminal facts”).
(Seoul District Court 2018Gohap178). Criminal facts committed by the Defendant are the Plaintiff’s representative director established for the purpose of manufacturing and selling food from June 11, 2010 to June 11, 2013, and have overall control over the management and financial affairs of the said company.
1. On September 16, 2010, the Defendant: (a) obtained a loan of KRW 820,000,000 from the company’s company’s funds to use for personal living expenses, etc. with the company’s funds, which were the only asset owned by the Plaintiff that did not engage in its business activities (hereinafter “the Plaintiff’s land”); (b) arbitrarily paid KRW 39,00,000 to the Defendant’s executives affiliated with the Defendant’s religious order and executives participating in the establishment of the Plaintiff; and (c) arbitrarily paid KRW 1,702,640,00 in the Plaintiff’s credit card purchase price under the Plaintiff’s name, which was used individually by the Defendant and the said D, from that time to December 24, 2012, embezzled by using KRW 221,31,524, as indicated in the attached list of crimes, as indicated in the attached Table.
2. On April 5, 2012, the Defendant borrowed KRW 250 million in the name of the Defendant in order to use it as the Defendant’s purchase fund, etc. from the FF Association located in Vietnam on April 5, 2012, and thus, in violation of the occupational duty.