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(영문) 청주지방법원 2009.03.30 2009고정100

업무상배임 등

Text

Defendant shall be punished by a fine of KRW 2,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant, in violation of his duty, has a duty to use the said Lestop Bank Corporation Card, which was in his custody, for the use of the said Lestop, not for the personal use, for the foregoing Lestop, in spite of his duty to use it, not for the personal use, for the purpose of the business and the purchase of goods, serving as the main forum of the “Drasp” operated by C in Sostop, Young-gu.

A. On December 20, 2004, in the F entertainment tavern E located in Young-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, ordered drinking and alcohol, etc., and then settled the price of KRW 1,200,000 with the above corporate card, thereby acquiring financial benefits equivalent to the above amount, and causing damage equivalent to the same amount as the victim’s “Dratoc”;

B. On the 22th day of the same month, Girls who did not address the above corporation's card to obtain financial benefits equivalent to the above amount by settling accommodation charges of 60,000 won with the above corporation's card, and thereby inflict losses equivalent to the same amount as the victim's "Dirtoc";

(c) acquire economic benefits by settling the amount of KRW 1,100,000 with the above corporate card at a H restaurant which is not an address on the same day, and inflict on the damage equivalent to the same amount as the victim’s “Dletop”;

D. At around 15:00 on March 17, 2005, the key of the entrance, which was kept by the Lestop kitchen, was the air conditioning room, which was installed and used in the kitchen, transported household appliances worth KRW 15,000,00 in the market price, such as the air conditioning, gas siren, gas emitting range, gas emittingr, gas siren, juscing and cooling ice, and jusclock complex, which was used in the kitchen, and transported household appliances worth KRW 15,00,000.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of each police suspect with regard to I;

1. Statement of each police statement to C and J;

1. Application of Acts and subordinate statutes to a copy of the statement of payments for shows cards;

1. Relevant provisions of the Criminal Act and Articles 356, 355 (2) and 329 of the Criminal Act concerning the selection of criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The Criminal Act for the detention of a workhouse;