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(영문) 의정부지방법원 고양지원 2012.11.01 2012고정532
업무상배임
Text

Defendant

A A The fines of fine of KRW 1,000,000, the fines of KRW 500,000, the fines of KRW 1,000, and the fines of KRW 1,00,00, each of the defendants C.

Reasons

Punishment of the crime

Defendant

A From February 2010 to June, 2010, he/she is in charge of the overall duties of E as president on behalf of G, who is his/her mother and E (hereinafter “F”) and the representative director of E (hereinafter “E”). Defendant B is in charge of the overall duties of E as president. From February 2, 2010 to June, 201, he/she is in charge of the overall duties of E, assisting the president. Defendant C is in charge of the overall duties of E as the vice president, and Defendant C is in charge of the accounting duties as the head of E from June 2010 to June.

1. A around May 2010, Defendant A was issued a non-legal credit card (credit card number I) in the name of the victim E at the office of the victim E in Seocho-gu Seoul, Seocho-gu, Seoul, to use it as a company business.

The Defendant used the above corporate credit card for the business of the company and did not use it for the personal purpose despite the occupational duties, in violation of such duties, and paid 700,000 won for personal medical expenses from the "J Hospital" located in Ansan-si on May 14, 2010 to October 1, 2010, from that time, the Defendant paid 8 times the sum of 2,273,650 won for the personal purpose as shown in attached Table 1 (Defendant A), as shown in attached Table 1 (Defendant A), thereby obtaining economic benefits and causing damage to the victim’s property damage equivalent to that amount.

2. On May 2010, Defendant B was issued a non-legal credit card (credit card number K) in the name of the victim E office in Seocho-gu Seoul, Seocho-gu, Seoul for the purpose of using it as company business in the victim E office.

Although the Defendant has a duty to use the above corporate credit card for the business of the company and not to use it for an individual purpose, he/she violates his/her duty, thereby paying KRW 12,000 for an individual purpose in Songpa-gu Seoul on June 17, 2010, and from that time until December 10, 2010, as well as in attached Table 2 (Defendant B).

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