업무상배임등
A defendant shall be punished by imprisonment for a term of one year and ten months.
Punishment of the crime
【2017 Highest 717】 The Defendant is a person who served from February 2, 2014 to July 2015 in the victim B, a corporation established for the purpose of advertising planning, etc.
Since the Defendant worked as the vice president, etc. for the above period and had them take charge of the affairs such as the management of expenses, there was an occupational duty that should not use the corporate card of the victim company for its intended purpose and use it for personal purpose.
Nevertheless, the defendant, a public corporation C(D) kept by the financial team of the victim company, and the defendant, using individual laws C(E) which were in possession of the business, has decided to purchase merchandise coupons and to use them for living expenses, etc.
Around 12:55 on April 18, 2014, the Defendant purchased gift certificates equivalent to KRW 400,000 in the Seocho-gu Seoul Metropolitan Government F, using public corporation C, and then commercialized them at the merchandise coupon exchange office from that time to May 12, 2015, as shown in attached Table 1, acquired the pecuniary benefits equivalent to KRW 77,550,000 on a total of 52 occasions from that time, as shown in attached Table 1, and incurred property damage to the victim company. From that time to June 28, 2015, the Defendant acquired the pecuniary benefits equivalent to KRW 122,820,428 on a total of 68 occasions from that time to June 28, 2015, and suffered financial losses equivalent to that of the victim company.
【2018 Highest3526 (Merger)】
1. Around September 11, 2015, the fraud Defendant made a false statement to the victim H, who was aware of influence in Seoul (hereinafter “Seoul”) around September 1, 2015, stating that “If the Defendant lends money to the victim H that is necessary to create a new house, he/she will repay the money within one week.”
However, the defendant did not have any intention or ability to pay the money even if he received the money from the victim because there was no particular revenue or asset.
In this respect, the Defendant is as above.