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(영문) 부산지방법원서부지원 2020.11.11 2020고정331

업무상배임

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is the representative director of the Co., Ltd. in the mobile phone car manufacturing company, and has been provided with and possessed with the above corporate card (TBC card and card number C) by the company, and the corporate credit card of the company is directly related to the operation of the company or has duties to use only for the purpose of performing the business of the company.

Nevertheless, around February 14, 2014, the Defendant paid 17,942,00 won in total on 91 occasions from around the following day to April 4, 2019, as indicated in the list of crimes in the attached Table, at Eju stores located in Changwon-si, Changwon-si D and three floors, with an alcoholic beverage of KRW 2,50,00,000, regardless of the company’s business, according to his personal intent, regardless of the company’s business.

Accordingly, the defendant acquired property benefits equivalent to 17,942,00 won, and the victim suffered property damages equivalent to the same amount.

Summary of Evidence

1. Investigation report of each police statement on F of the defendant's legal statement F (a copy of sales slips submitted by the suspect), investigation report (a copy of sales slips submitted by the suspect), application of Acts and subordinate statutes to investigation report (ab

1. Relevant provisions of the Criminal Act and Articles 356 and 355 (2) of the Criminal Act concerning the choice of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. To reduce part of the fines for the summary order by taking into account the fact that the amount of damages was fully returned to the victim for sentencing reasons under Article 334(1) of the Criminal Procedure Act of the provisional payment order.