업무상배임등
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 this judgment becomes final and conclusive.
Punishment of the crime
1. On October 4, 2018, the Defendant received one copy of the “C” card (E) in the name of the victim for the purpose of using it as a customer management and enterprise expenses from the victim’s employee, and around October 4, 2018.
On October 4, 2018, the Defendant, on behalf of the victim, violated the duty to use the said credit card for its intended purpose, and purchased clothes from “G” clothes located in “G” in the Daegu Northern-gu, Daegu, and settled KRW 79,800 as the above credit card price.
In addition, from around that time to around November 5, 2019, the Defendant settled an amount equivalent to KRW 29,762,320 of the total price of goods on 542 occasions, such as the list of crimes (1). From November 26, 2018 to April 24, 2019, the Defendant loaned KRW 7,740,000 in total on 12 occasions as indicated in the list of crimes (2). From January 21, 2019 to October 24, 2019, the Defendant used the above credit card for personal purposes such as receiving KRW 5,80,000,000 in total for cash services on 13 occasions as indicated in the list of crimes (3). The Defendant acquired economic benefits equivalent to the same amount as the victim’s pecuniary benefits and acquired economic damages equivalent to the same amount.
2. I-related crimes;
A. On October 24, 2018, the Defendant applied for the reissuance of B’s name using a mobile phone in the above B’s name at C office located in Daegu Northern-gu, Daegu-gu, Daegu-gu, and on October 26, 2018, received one copy of B’s name from an employee in charge of international delivery from the said office. On October 26, 2018, the Defendant entered B’s name in the credit card receipt confirmation column of the electronic device and sent B’s signature.
Accordingly, the Defendant forged one file for confirmation of receipt of credit card in the name of B, which is a prior recording of rights and obligations, for the purpose of hindering the management of affairs of the IS corporation, and exercised it.
B. The Defendant’s credit card is named B.