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(영문) 서울동부지방법원 2018.08.14 2018고정637

업무상배임

Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who served as the president of the Victim C Co., Ltd. from April 1, 2009 to February 1, 2015.

around April 2009, the Defendant received one copy of the corporate card owned by the victim from the injured party (the national card D) and kept the said corporate card in custody after replacing it to the national card E on February 2012. On June 26, 2009, the Defendant paid KRW 21,000 by the purchase of personal drugs at the F store located in F store, etc. with the above D corporate card. From that time to December 23, 2013, the Defendant used the corporate card for the personal purpose other than the company’s business by settling the total amount of KRW 2,67,946, total sum of KRW 52 times from that time to December 23, 2013 as indicated in the list of crimes in the attached Table (1) and (2).

As a result, the Defendant violated the duty to use the corporate card only for the business purpose of the company, thereby acquiring the above card price of KRW 2,667,946, and causing the damage equivalent to the above amount to the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. Part concerning the statement in G in the suspect interrogation protocol against the defendant in the prosecution

1. The application of the investigation report (referring to the submission of revised details of G damage by a complainant agent);

1. Article 356 of the Criminal Act, Articles 355 (2) and 355 of the Criminal Act, the choice of a fine for the crime, and the selection of a fine for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Taking into account the reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, including the fact that the reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act and the fact that the amount of damage was not significant, the sentence as ordered shall be determined in light of the sentencing conditions