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(영문) 인천지방법원 부천지원 2019.07.12 2019고단1252

업무상배임

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On July 6, 2017, the defendant was sentenced in Seoul High Court to imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) and was finally decided on July 24, 2017.

From August 2003 to April 8, 2015, the Defendant served as an accounting employee at the victim C Co., Ltd (hereinafter “victim Co., Ltd”) located in Gangwon-si, Gangwon-si (hereinafter “victim Co., Ltd”).

On February 20, 2012, the Defendant used 23,273,070 won over 417 occasions through the bank card of Korea from November 4, 2013 to May 20, 2014, using the bank card of Korea from around 372 days to around 337 July 18, 2014, and used 23,273,070 won for personal purposes using the bank card of Korea from around 417 days to around 372 days in violation of his/her duties while keeping and managing the funds for the operation of the victim company by keeping and managing the bank card (D), corporate accounts, corporate books, corporate books, and authorized certificates. The Defendant used the Defendant’s daily necessities through the Internet online shopping mall (E) in violation of his/her duties, and made payments by using the bank card of Korea, which is a corporate card, for personal purposes (F) as indicated in the attached list of crimes (2) to May 20, 2014;

In this respect, the defendant had the victim company pay a total of 87,803,080 won by using the corporate card of the victim company at will over a total of 1,177 times.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement of H;

1. A complaint, an employment contract, a detailed statement of approval for each card, and details of the use of a corporate card;

1. Investigation report (Submission of data by a complainant) and output of A computer data: Corporate card;