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(영문) 수원지방법원 2020.10.29 2020고단2779

업무상배임

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

From November 2014, the defendant is engaged in the overall production, execution, supervision, and supervision of the company as the representative director of the Daegu Northern-gu Corporation in the Daegu Northern-gu B.

1. The Defendant received false benefits, even though he did not work as an employee of his wife D, E, F, F, G, G, G, Dong life H, G, K, K, and L, registered as an employee and received benefits in violation of the Defendant’s duties, thereby causing damage to the victim, and registered D as an employee from June 1, 2016 to June 30, 2017, and received 68,747,600 won as salary from June 1, 2017 to the Defendant’s account in the name of an enterprise bank in the name of the Defendant, and in the same manner, acquired a total of 324,647,430 won as indicated in the attached list of crimes (1) and inflicted damage equivalent to the same amount on the victim.

2. Around April 7, 2017, the Defendant using a corporate card obtained a total of KRW 6,616,420 won and suffered a loss equivalent to the same amount from the time to September 18, 2017, as shown in the List of Crimes (2) in the same manner, from around 81 times, a total of KRW 6,616,420, as shown in the List of Crimes (2), from among the fact that he/she personally raised a mar with the mar in a mar-type marc in Gyeonggi-si, which is located in Gyeonggi-do, and paid a mar amount

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Investigation report (Submission of Statement of Use of N Card by Suspect), investigation report (Submission of Statement of Use of N Card by Suspect), investigation report (Submission of Statement of Account by C Daegu Corporation which is the complainant), investigation report (Attachment of Materials to which the complainant is a complaint) and investigation report (report on repreparation of the list of crimes);

1. Filing of a complaint, fact confirmation, account statement, withholding receipt for wage and salary income, details of wage payment account, application of Acts and subordinate statutes of the corporate register;

1. Relevant Articles of the Criminal Act and Articles 356 and 355 of the Criminal Act concerning criminal facts;