(영문) 서울중앙지방법원 2017.05.11 2017고단961

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(영문) 서울중앙지방법원 2017.05.11 2017고단961

업무상배임

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From March 1, 2007 to June 10, 2013, the Defendant Company D (hereinafter referred to as “victim Company”) that is a victim company.

The director in charge of accounting is a person who has been in charge of the management of the fund entry, withdrawal, etc. of the victim company.

The defendant, as the director of the accounting division of the victim company, has duties to use the victim company's corporate card only for accounting expenses, such as purchase of equipment of the victim company, and not for the defendant's personal purpose.

Nevertheless, the defendant, using information such as the card number of the victim company's corporate card, used the Internet shopping, or received and kept the corporation card temporarily from the representative E of the victim company to deal with the business of the victim company, with the intent to purchase the defendant's living things using the corporation card.

Accordingly, on July 19, 201, the Defendant purchased the Defendant’s daily necessities equivalent to KRW 98,900,00, such as milk, at the victim’s office located in Guro-gu Seoul Metropolitan Government “F shopping mall”, in violation of his duties, from the Internet shopping mall “house”, and paid the purchase price with the victim’s corporate card [the card number : G (the card number before change : H)]. From that time to May 14, 2013, the Defendant used the above corporate bank BC corporation card (the card number : I) together with the above corporate bank BC corporation card (the card number : 158 times in total) by settling the purchase price of goods in total amounting to KRW 24,529,040, and acquired financial benefits from the victim’s corporate property damage equivalent to the amount of money.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. A detailed statement of the use of the corporate card by the defendant, a certificate of employment, and a detailed statement of the use amount;

1. Application of the law of confirmation of facts by J

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