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(영문) 부산지방법원동부지원 2020.10.30 2020고단137

사기등

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The Defendant, from November 1, 2018 to April 30, 2019, worked as the head of the business team of the corporation C (representative director: D) established for the purpose of wholesale and retail business in Busan Dong-gu, Busan, and was in charge of the business affairs of the said company, and the victim E is a separate corporation operated by the representative director D of the said corporation at the address of the said place of business.

1. The Defendant, while in charge of the above business affairs, received the notice from the representative director D of the victimized company that he would use the FF Bank Credit Card (G) in the name of the victimized company in charge of the business affairs of the KF Bank Co., Ltd., and received and managed the FF Bank Credit Card (G), and there was a duty to use the said Card only for the business affairs of the KF Bank Co., Ltd. and not reduce the assets of the victimized

Nevertheless, on January 26, 2019, the Defendant violated the above duties, and paid 45,800 won of meal costs for personal purposes using the above credit card in the "I Shipping Daegu H" around Busan, and from that time until April 27, 2019, the Defendant paid 12 times in total for personal purposes, such as meal costs and the settlement of principal oil payments, such as in the separate sheet of crime (1) from April 27, 2019, and acquired property benefits equivalent to the above money and sustained property damage equivalent to the same amount to the victimized company.

2. Although the Defendant, who was in custody as described in the foregoing paragraph 1, should return one credit card of the F Bank owned by the victimized company prior to the withdrawal, the Defendant, upon retirement on April 30, 2019, embezzled the said credit card without returning it, even though he was aware on May 1, 2019.

3. On May 16, 2019, the Defendant committed fraud and Specialized Credit Financial Business Act violations with the FF Bank, as described in the above paragraph 2, embezzled from the point of view of the KW’s failure to operate the victim’s name in Busan Shipping Daegu J.