An application for compensation by an applicant for compensation shall be dismissed.

From December 26, 2016 to December 11, 2018, the Defendant served as an accounting employee of victim B Co., Ltd. (hereinafter “victim Co., Ltd.”) located in Gangnam-gu Seoul Metropolitan Government as an accounting employee and has been engaged in the management of the victim Co., Ltd.’s corporate card, the issuance of tax invoices, and the adjustment of purchase sales.

The defendant had occupational duties to use the corporate card of the victim company for the purpose of performing the duties of the victim company.

Nevertheless, around July 5, 2017, the Defendant paid KRW 66,55,223,00 in total, including personal meal expenses, clothing, and cost of purchasing written items, by the credit card of the victim company, from around November 29, 2018, from around 1,048, to around 1,048, as shown in the separate crime list, from the time when he/she personally provided meals in violation of his/her duties, and paid KRW 37,00 in cash by the credit card of the victim company.

As a result, the Defendant violated the above occupational duties, thereby acquiring a total of 66,55,223 won pecuniary advantage and causing damage equivalent to the amount to the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Written complaint, full certificate of registered matters, personal statements (A), list of corporation cards, list of order-based cards, information on order taxation, records of confirmation corporation cards, recording, recording, part of false slips, and records of cards;

1. Application of Acts and subordinate statutes to each investigation report (the submission of data by the complainants) and each confirmation data, and each investigation report (the specification of the amount of damage and revision of the list of crimes) shall apply;

1. Relevant Article of the Criminal Act and Articles 356 and 355 (2) of the Criminal Act concerning the choice of criminal facts (or, in general, choice of imprisonment);

1. The following circumstances are the reasons for sentencing of Article 32(1) of the Act on Special Cases concerning the Dismissal of Application for Compensation Order and the Promotion, etc. of Litigation (it is unreasonable to issue an order for compensation in the criminal proceedings, such as deposit of a certain amount by the accused) and other arguments in the instant case.