beta
(영문) 의정부지방법원 고양지원 2016.01.28 2015고합127

특정경제범죄가중처벌등에관한법률위반(횡령)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

(e).

Reasons

Punishment of the crime

The Defendant, from March 14, 1995 to January 19, 201, worked as the managing division, vice head, or head of the victim D Co., Ltd. (hereinafter “victim”) from around January 14, 1995, in the course of taking charge of fund management, etc., the Defendant had a corporate card under the name of the victimized Co., Ltd., in violation of the occupational duty that should be used only for the purpose related to the company’s business, and had the said corporate card used for the personal purpose of the Defendant.

1. The Defendant, on April 18, 2007, received a premium from “F” located in Gangnam-gu Seoul, Seoul, and settled KRW 300,000,000 for the use thereof. As seen above, the Defendant paid the payment by the KB enterprise card (credit card number: G) in the name of the victimized company. From that time to January 3, 201, the Defendant paid a premium of KRW 26,700,000 in total on 168 occasions, as shown in [Attachment Table 1], from that time until January 3, 2011, acquired property benefits by settling the premium of KRW 26,70,000 with the corporate card of the victimized company, and caused property damage equivalent to the same amount to the victimized company.

2. On February 15, 2008, the Defendant purchased 435,000 won or more from “A country in which he is a stock company,” located in Taegu, Seoul, Seoul, by means of the KB enterprise card in the name of the said victimized company, and paid the purchase price with the KB enterprise card in the name of the said victimized company. From that time to November 18, 2010, the Defendant paid the purchase price of KRW 25,210,800 or more in total on 23 occasions, as shown in attached Table 2 of the List of Crimes, from that time to November 18, 2010, acquired economic benefits by settling the purchase price of KRW 25,210,800 with the corporate card of the victimized company, and caused property damage equivalent to the same amount to the victimized company.

3. On November 17, 2008, the Defendant purchased a camera equivalent to KRW 1,586,00 from “I” located in Jongno-gu Seoul Metropolitan Government H, and paid the price with the KB enterprise card in the name of the said victimized company, and on January 13, 2010, the Defendant paid the price with the said KB enterprise card in the name of the said victimized company, and on April 1, 2010, the Kameras price of KRW 2,023,00,000 in the above I, and on April 1, 2010.