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(영문) 인천지방법원 부천지원 2019.08.22 2019고단949

업무상배임등

Text

The punishment of the accused shall be determined by a year of imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From December 4, 2008 to December 26, 2017, the Defendant worked as an employee in the accounting service from Kimpo-si building B and the victim D Co., Ltd. (hereinafter referred to as the above office from Bupyeong-gu, Busan to the above address on March 30, 2017) and was in exclusive charge of managing the money for transaction and the company’s funds, and had a duty to use the victim company’s assets and corporation cards for the purpose of performing the business of the victim company.

1. Occupational breach of trust;

A. Nevertheless, around November 28, 2012, the Defendant paid KRW 10,906,330,00 in total, including personal meal expenses, clothes, and daily necessities, and transportation expenses, from that time until December 17, 2017, by the credit card (F) of the victim company of the victim company, from that time, the Defendant paid KRW 5,000 in personal meals in violation of his/her duties at the Hcafeteria located in Dongdaemun-gu Seoul Metropolitan Government, and paid KRW 5,00 in the amount by the credit card (F, G) of the victim company.

As such, the Defendant acquired a total of 10,906,330 won property interest in violation of the occupational duty as above, and caused property damage equivalent to the amount to the victim company.

B. The Defendant related to the corporate card [Credit Card No. I] was kept without breaking the credit card (I) of the victim company used by the representative director J of the victim company on February 14, 2014, with an order from the victim company's employee retired on or around February 15, 2014, without destroying it. On February 15, 2014, the Defendant purchased cryp, etc. for personal use in violation of his/her duties and paid 11,900 won to the victim company's corporate bank (I) by the credit card of the victim company from the time to December 6, 2017, including that he/she purchased cryp, etc. for personal meal expenses, food materials and daily necessities, transportation expenses, etc. on 798 occasions, as shown in the attached Table No. 2 of the Crime List No. 2. < Amended by Presidential Decree No. 213001, Dec. 6, 2017>