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(영문) 창원지방법원 2018.05.03 2018고단559
업무상배임등
Text

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 became final and conclusive.

Reasons

Punishment of the crime

The Defendant, from August 11, 2015 to August 31, 2017, worked for accounting with victim D Co., Ltd., which had been located in the 404 of the Kimhae-si Building 404 in Kimhae-si, and was engaged in accounting accounting.

1. In the course of occupational breach of trust, the Defendant, as an accounting work, has duties to use the victim’s corporate card while managing it, only for the purposes necessary for the company’s business, such as purchase of office supplies and provision of employee food.

On September 24, 2015, the Defendant purchased goods equivalent to KRW 77,950,00 in personal connection with the shopping mall website at the victim company’s office, and paid the price by using the said corporation’s card, in violation of the above occupational duties, from that time until August 31, 2017, from that time, until August 31, 2017, the Defendant purchased goods equivalent to KRW 52,95,125,00 in total by the same method, such as (i) through (iii) the list of offenses, and settled the price by using the said corporation’s card.

As a result, the defendant in violation of his duty, thereby acquiring the above amount of property profit, and suffered the loss equivalent to the above amount from the victim company.

2. No one shall acquire any benefits to property or have a third party acquire such benefits, by making any data processed after inputting a false information or improper order into a computer or any other information processing device, such as a computer or any other information processing device, or inputting or altering data without any authority.

Despite the Defendant’s retirement of the above victim company around September 1, 2017, the Defendant had attempted to pay the goods purchased in person using the aforesaid corporation card registered in the mobile ISP app installed in the Defendant’s mobile phone.

On September 1, 2017, the Defendant purchased goods that amount to KRW 86,100 by accessing the Internet shopping mall website, and without authority, input information on the said corporate card at a below-mentioned location.

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