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1. The Defendant’s KRW 165,088,475 as well as the annual amount of KRW 5% from June 18, 2013 to April 7, 2015, and the following.
Reasons
1. Facts of recognition;
A. The Plaintiff is a person deemed as the custodian of Raf Sports Co., Ltd. (hereinafter “Raf Sports”), upon the decision to commence rehabilitation proceedings 2014 Gohap31 on March 31, 2014, the Seoul Central District Court concluded a contract with Raf Sports Co., Ltd. (hereinafter “KT”) to enter into an entrusted agency contract with Raf Sports Co., Ltd., and performed on behalf of the Plaintiff’s mobile communication business and customer management business, such as mobile phone sales and fee collection. The Defendant is a person who took overall charge of the business related to Raf Sports Co., Ltd. from May 2009 to June 2013.
B. The Defendant was indicted as a crime of occupational embezzlement for the following acts and was sentenced to imprisonment for one year and six months by the Seoul Southern District Court Decision 2014Kadan2631 Decided July 9, 2015, and the Defendant appealed the above judgment and continues the appellate trial in the case of 2015No102 at the same court.
1) The Defendant, from around December 201 to April 2013, 201, embezzled 159 mobile phone numbers worth KRW 130,119,00,000, which were managed by Raf Sports as indicated in the attached Table 1, by disposing of the mobile phone devices kept by Raf Sports from KT, including D and E, which were the salespersons of Raf Sports, via computerized registration of restriction on opening and opening agency, through the Internet, or by disposing of them to a mobile phone seller, etc., and embezzled 15,715,757,715,715, etc. as shown in the attached Table 1, from around May 2010 to May 2013, 2013, the Defendant embezzled 370,000,000 won of public charges, such as the payment of subscription fees, number transfer fees, unpaid charges, etc. to Raf Sports, or embezzled money used as sales operating expenses.
C. The above D and E recognized the fact that he participated in the Defendant’s embezzlement crime, and as the name of repayment of damages for Raf Sports, D are 24.