업무상배임등
A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.
Punishment of the crime
The victim B Co., Ltd. (hereinafter “victim”) is a company that sells the brand D products of cleaning goods to home shopping or large-scale retail stores, etc. from May 18, 2006 to May 18, 2006, and the Defendant is a representative director of the victim company from May 18, 2006 to April 26, 2017, who exercises overall control over the victim company’s personnel affairs, accounting, and fund execution.
1. The Defendant in occupational breach of trust used a corporate card for the purpose of a corporation and used it for an individual purpose. However, around July 6, 2012, the Defendant used the victim’s F corporation Card 341,900 won to purchase the Plaintiff’s F corporation Card in order to go to high-speed Jeju-do. From that time, the Defendant acquired 3,830,390 won in total using the victim’s corporate card for an individual purpose by using the victim’s corporate card for a total of 52 times from January 15, 2017, including the list of crimes No. 1, and caused damage equivalent to the same amount to the victim company.
2. On March 18, 2013, the Defendant: (a) asked the representative H of G, a trader of the victim company, to receive a tax invoice in which the value of supply was lower than that of the products actually supplied by G; (b) around March 18, 2013, the Defendant: (c) requested the victim company to pay KRW 110,240,00,000, which is the amount indicated in the said tax invoice; (d) received from G to the account in the name of the Defendant’s corporate bank; and (e) subsequently, embezzled KRW 50,000,000, which is the remainder of the amount excluding value-added tax 10% from the said amount, to use it for personal purposes; and (e) embezzled KRW 319,190,550, total sum from April 10, 2015 to April 10, 2015, using the same method as attached
Summary of Evidence
1. The defendant's legal statement (the statement on the fourth trial date);
1. Legal statement of a witness I and J;
1. Statement of each prosecutorial statement concerning K and H;
1. Transactions by account;