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(영문) 춘천지방법원 원주지원 2015.05.19 2014고단900

업무상배임등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. The Defendant, from April 201 to March 3, 2014, was working for the Victim D Co., Ltd. (hereinafter “D”) established for the purpose of wholesale, retail, consignment sales, mediation, etc., which were located in the prime city from around April 201 to March 3, 2014, and was engaged in the overall management of the company and the fund management business. Around May 2012, the Defendant, a representative director of D, was engaged in the overall management of the company and the fund management business of the Victim F Co., Ltd. (hereinafter “F”, a corporation established separately for the main purpose of taking charge of overseas business; hereinafter “F”, which was two corporations in the form of “F”, and substantially operated as one E companies.

2. On April 201, the Defendant was issued a credit card in the name of D to the effect that the Defendant, the representative director of D, would use the office supplies purchase cost, meal expenses related to the transaction company contact, and other travel equipment, etc.

On April 13, 2011, the Defendant paid KRW 140,000 to H hotel located in G in Won-si, while personally taking accommodation without relation to D’s work, using the said corporation card.

In addition, from January 5, 2014 to January 5, 2014, the Defendant settled KRW 12,502,950 using the corporate card in the name of D for personal purposes unrelated to D through 104 times, as shown in attached Table 1 of Crimes List 1, thereby acquiring the same amount of financial benefits and causing property damage equivalent to the amount of D.

3. Occupational embezzlement;

A. At D office around April 2011, the Defendant: (a) received a delegation from E, the representative director of D, to all the rights to use the I Account of D bank; and (b) kept the money deposited in the said account for D.

Around April 14, 2011, the Defendant, using Internet banking devices, arbitrarily transferred KRW 1 million from the said account to the J bank account in the name of the Defendant, and embezzled by using it for personal purposes.