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(영문) 인천지방법원 2020.09.15 2018가합59365
손해배상(기)
Text

Defendant B’s KRW 680,339,070 for the Plaintiff and 5% per annum from July 31, 2015 to October 12, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff is a non-profit medical corporation that establishes and operates the Fvalescent Hospital located in Michuhol-gu Incheon Metropolitan City (hereinafter “instant hospital”), and Defendant B served as the head of the administrative office of the instant hospital from May 1, 2013 to October 2015, and has been in general in charge of the business of operating the hospital except for medical treatment, such as management of operating funds, human resources management, etc.

Defendant C is the wife of Defendant B, and Defendant D is the wife of Defendant B.

B. The Plaintiff, the director of G, argued that the Defendants conspired to embezzled the Plaintiff’s operating funds in the course of business custody, and filed a complaint against the Defendants. Defendant B was indicted on March 12, 2018 by Incheon District Court 2018Gohap125 due to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement), but Defendant C and D were not subject to disposition of non-prosecution.

C. In the appellate case of the above Incheon District Court case No. 2018 Gohap125, Seoul High Court Decision 2018No2439, May 24, 2019, Defendant B was convicted by the Seoul High Court of the last three years and six months of imprisonment (hereinafter “relevant criminal judgment”) from May 24, 2019 on the charge of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) and occupational breach of trust (hereinafter “relevant criminal judgment”), and Defendant B appealed against this and appealed by the Supreme Court Decision 2019Do724, but the above judgment became final and conclusive as it is.

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) Defendant B:

A. On May 8, 2013, at the instant hospital operated by the Plaintiff located in Nam-gu Incheon Metropolitan City, the sum of KRW 150 million in the deposit account (former I Bank, Account Number: J) of H Bank (former I Bank, Account Number): (a) arbitrarily transfer the amount of KRW 150 million in the Defendant C’s account (Account Number: L) in the name of Defendant C, the wife of Defendant B, and embezzled it;

B. On June 11, 2013, the costs of personal real estate, including monthly rent, etc., for which Defendant B newly resided at the instant hospital.

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