업무상배임
A defendant shall be punished by imprisonment for one year.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant, as the head of the finance team of the victim B, was engaged in the management and enforcement of funds and corporate cards owned by the victim company while taking charge of receipt and disbursement affairs as the head of the finance team of the victim company, and the defendant had a duty to appropriately use the corporation card in relation to his duties for the
Nevertheless, on November 1, 2015, the Defendant used 124,000 won with the corporate bank card owned by the victim company for personal purposes by settling 124,000 won with the corporate bank card owned by the victim company at Bupyeong-gu Incheon Metropolitan City (State) around November 1, 2015, and around that time, from around October 8, 2018 to around 3,207, as shown in the separate crime list, the Defendant used 3,207 corporate bank card owned by the victim company for personal purposes and acquired property profits and caused property damage equivalent to the same amount to the victim company.
Summary of Evidence
1. Statement by the defendant in court;
1. Legal statement of witness E;
1. Statement to E by the police;
1. Application of the Acts and subordinate statutes to the complaint;
1. Relevant Article 356 of the Criminal Act, Articles 356 and 355 (2) of the Criminal Act and the choice of imprisonment with prison labor for the crime;
1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;
1. Scope of punishment by law: Imprisonment with prison labor for not more than ten years;
2. The scope of the recommended punishment according to the sentencing guidelines [the scope of punishment [the range of recommended areas and the scope of recommendations], the scope of the punishment for embezzlement and breach of trust [the type 2], the amount of at least 100 million won, the amount of less than 500 million won [the amount of special punishment], the reduced amount of punishment, or the amount of less than 500 million won: the reduced amount of punishment [the scope of recommendation areas and recommendations],
3. The crime of this case, based on the fact that the defendant, while managing the funds of the victim company, used the corporate card at will, thereby causing damage equivalent to 183,518,760 won to the victim company and obtained profits equivalent to the same amount, is in light of the contents of the crime.