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(영문) 수원지방법원 2015.11.30 2015고정1927

업무상배임

Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

The Defendant, from July 2013 to December 2014, had been engaged in the business as the regular business of the victim (owner) D in the G in the Gransung City from July 2013 to December 2014.

The defendant engaged in the above business and had a corporate card in the name of the victim (company E) while carrying the above business, and there was a duty to use it only for the business of the victim.

Nevertheless, on January 9, 2014, the Defendant purchased 1, 1, and 1, etc., an individual copied in GM from “Gma” located in GMF on January 9, 2014, and used the said corporation card for personal purposes, such as living expenses, etc. from January 9, 2014 to December 6, 2014, including paying 39,780 won with the said corporation card, thereby obtaining a total of KRW 1,886,870 from January 9, 2014 and causing damage equivalent to the same amount to the victim.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Statement made to H by the police officer;

1.-The application of legislation, such as a written resolution of expenditure, - sales slips and receipts, etc. - corporate card use specifications, - corporate card use management regulations, etc.

1. Relevant Article 356 of the Criminal Act and Articles 356 and 355 (2) of the Criminal Act (generality) and the selection of fines concerning the crime;

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

1. The punishment shall be determined by reducing the fine prescribed by the summary order in consideration of the fact that the defendant has committed an error in sentencing under Article 334(1) of the Criminal Procedure Act, that the defendant has deposited the whole amount of damage to the victim, that the defendant has no criminal record, etc.