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(영문) 의정부지방법원 2019.07.11 2019고합78

특정경제범죄가중처벌등에관한법률위반(배임)등

Text

Defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

On March 29, 2019, the Defendant had been sentenced to a suspended sentence of two years for a period of six months for fraud at the District Court for the purpose of fraud, and the judgment was finalized on April 6, 2019.

Punishment of the crime

From March 8, 2016 to August 2018, the Defendant is an employee of the Human Resources Management Team in Seoul Jung-gu Seoul Metropolitan Government, and the victim company is an employee E-site management (use of the management account) and a person in exclusive charge of the business affairs, such as the application for the allocation of welfare points and the settlement thereof, which are entrusted to the Dispute Resolution Co., Ltd. in the D Co., Ltd.

1. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation in trust) paid, in a lump sum, welfare points to be used by the victim company to purchase merchandise coupons to its executives and employees through the DBA and the DBA through the DBA and then paid, however, it would be effective to take full charge of the practice of requesting the allocation of welfare points. On February 2, 2018, the Defendant requested the DBA to allocate a large amount of welfare points to his/her own or his/her personal account for various false purposes unrelated to the DBA and received it, and then received it. The Defendant purchased new global department mobile merchandise, transmitted it to the mobile phone, transferred it to the new world department department, exchanged it with merchandise coupons, exchanged it with merchandise coupons, and committed a crime under the Act that consumes it for the purpose of consumption, such as sports Saturdays, personal debt repayment, living expenses, etc.

Accordingly, the Defendant violated his duties, even though there was an occupational duty to perform duties to allocate welfare points according to the actual details, only for the use of the name gift for the victim company, such as snow, tin, and executives and employees, on behalf of the victim company, and the fact on February 19, 2018 is intended to be commercialized and useful as above by the Defendant. However, the Defendant was the request for true welfare points of the victim company.