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1. Defendant B and C jointly share KRW 110,00,000 for the Plaintiff and Defendant B from March 25, 2014 to September 21, 2017.
Reasons
1. Facts of recognition;
A. 1) Defendant B is the Plaintiff’s religious descendants. Defendant C is the Plaintiff’s president and Defendant D was the Plaintiff’s general secretary. (2) Defendant B was the representative of the Plaintiff’s board of directors held on September 27, 2013 and was delegated the right to sell and purchase the land owned by the Plaintiff on November 6, 2013.
B. Defendant B and D’s embezzlement 1) around November 7, 2013, Defendant B sold to F the amount of KRW 48 million with the purchase price of KRW 200,000,000,000,000,000 from F, Nam-si, Nam-si, the Plaintiff owned, and received KRW 48,00,000 from F as the purchase price, and, on April 2014, Defendant B spent KRW 35,00,000,00 for personal use as indicated in the attached Table until October 2014, all of which were eight times as shown in the attached Table, from the beginning of October 2014, Defendant D used KRW 1,584,276,910 for personal use as shown in the attached Table. 2) Dur that process, Defendant D participated in the resolution of the board of directors and the general meeting of shareholders that granted the authority to manage and dispose of each land listed in the attached Table (hereinafter “each land”).
Although there are separate accounts for the purpose of managing the Plaintiff’s property, Defendant D received the purchase price with his personal account, and Defendant B opened a separate account to manage the purchase price and transferred the purchase price.
Furthermore, Defendant D was paid part of the amount of embezzlement from Defendant B.
C. Defendant B and C’s embezzlement 1) around November 20, 2013, Defendant B sold G return 1525 square meters to H at Yangyang-si, the Plaintiff-owned, and received a payment of KRW 550 million from H. 2) even though there was no resolution by the Plaintiff’s general assembly or the board of directors on the disposition of the above purchase price, Defendant B, around March 24, 2014, delivered KRW 110 million out of the above KRW 550 million to Defendant C, and Defendant C used this as personal debt repayment.
Defendant B, as the above act of conviction against the Defendants.