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(영문) 제주지방법원 2020.05.22 2020고단110

업무상배임등

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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

From February 2017 to July 2018, the Defendant is a person who served as a general manager in the field of new construction works on two lots of land, except C, in Jeju, which was executed by the victim B and the Dispute Resolution Co., Ltd. (hereinafter referred to as the “victim Company”).

1. On February 28, 2017, the Defendant received one copy of the F Credit Card (G), which is a corporate card of the victim company, from E, the representative director of the victim company, for the purpose of paying construction expenses, such as purchase of materials and payment on behalf of the victim company at the construction site of the said D.

On March 2, 2017, the Defendant, as a general manager in charge of the construction site of the said D New Construction, violated the duty to use the said D New Construction Site for the settlement of construction expenses, such as purchase of materials at construction site in relation to the construction work, and purchased clothes individually from H clothing points located in the B-do and below the Jeju-do, and paid KRW 150,000 with the said corporation card.

In addition, from around that time to April 25, 2018, the Defendant paid a sum of KRW 63,008,018 with the above corporate card 314 times as indicated in the attached Table of Crimes, etc., by using the above corporate card for personal purposes, such as settling the amount equivalent to the above corporate card 63,008,018, and suffered a loss equivalent to the same amount from the victim company.

2. Around March 6, 2017, the Defendant: (a) demanded that, at the office of the victim company located in Jeju-do I, E, the representative director of the victim company, “the cash to be used at the D New Construction Site is required; (b) was remitted KRW 20,000,000 from E to the K account in the name of J used by the Defendant; and (c) was used for the victim company, while the victim company was kept in business for the sake of the victim company, the Defendant embezzled it by consuming it for personal purposes, such as repayment of debt and living expenses, according to the mind at the

Summary of Evidence

1. Statement made by the defendant in this court;

1. Partial statement of the suspect interrogation protocol of the accused prepared by the public prosecutor;

1. Preparation of the police;