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(영문) 서울서부지방법원 2015.10.16 2015고단1614
업무상배임등
Text

A defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

Punishment of the crime

From April 2010 to March 2015, the Defendant served as accounting personnel in Geumcheon-gu Seoul Metropolitan Government Victim D Co., Ltd. (hereinafter referred to as “victim D”) with the victim Co., Ltd. (hereinafter referred to as “victim”) located in Geumcheon-gu Seoul Metropolitan Government, while engaging in accounting affairs, such as purchase, sale, and management of corporate cards.

1. The Defendant in occupational breach of trust was in charge of purchasing goods necessary for the victimized company and settling the price with the corporate card of the victimized company.

In such cases, the defendant has a duty not to approve the purchase price of goods necessary for his personal use with the above corporate card.

Nevertheless, the Defendant, on January 5, 2013, paid 484,019,559 won in total by 1,561 times from March 21, 2015, including the purchase of clothes of the Defendant at a lot department store in Jung-gu, Seoul, and the settlement of 117,000 won by the corporate card (credit card number E, and Korean card) of the victimized company, from that time to March 21, 2015.

Accordingly, the Defendant suffered property damage equivalent to KRW 484,019,559 (including KRW 20,842,353, which was used with husband F from May 30, 2014 to March 21, 2015) from the damaged company, and acquired property benefits equivalent to the same amount.

2. Around February 20, 2013, the Defendant: (a) transferred KRW 132,50,00, which was deposited in the account of a new bank account (Account Number G) of a victimized company, to the account of a corporate bank (Account Number H) in the course of occupational storage on behalf of the victimized company; and (b) transferred the amount of KRW 276,92,254 in total over 211 times by March 6, 2015, including that of personal consumption, from that time, from that time to March 6, 2015, the Defendant embezzled the amount of KRW 276,92,254 in total for personal use.

Summary of Evidence

1. Defendant's legal statement;

1.Each part of F with respect to F.

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