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(영문) 수원지방법원 2019.08.16 2019고정368

업무상배임

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

From January 2006 to November 2012, the defendant was a representative director or director of the victim C, a corporation located in Seongbuk-gu, Seongbuk-gu, Sungnam-gu.

In using a corporate card as an executive officer of the victim company, the defendant has an occupational duty that shall not inflict damage on the company by making internal procedures, such as preparing a written disbursement resolution, obtaining approval from the general affairs department, submitting receipts, etc., and using it in good faith for the purpose of operation of the victim company. However, the defendant violated his/her duty and paid flight fees to the victim company on October 24, 2007, in violation of his/her duty and caused a property damage equivalent to 55,270,502 won to the victim company from March 19, 2010, as shown in the separate crime list, including that the defendant paid the flight fees to the victim company on a personal basis on around October 24, 2007, without undergoing internal procedures until March 19, 2010.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partially the defendant's prosecution;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes in a written request for payment of corporate E card attached to a complaint;

1. Relevant Article 356 of the Criminal Act and Articles 356 and 355 (2) of the Criminal Act, the choice of fines concerning criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;