logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 진주지원 2019.01.22 2018고단992
업무상배임
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The Defendant, as a representative member of the Victim “C Limited Partnership Company” in Jinju, has been engaged in the operation of the “C Limited Partnership Company”.

As a representative member of C limited partnership, the defendant is obliged to use the corporate card of C limited partnership company for the purpose of directly related to the operation or performance of the victim company.

Nevertheless, around October 20, 2013, the Defendant paid KRW 21,922,580 with the corporate card of the victim company for personal hospital expenses, oil expenses, etc. from May 18, 2012 to December 29, 2016, by paying KRW 89,000 as the purchase cost of golf kinds by the Defendant in violation of the above occupational duties, as well as paying KRW 21,92,580 with the corporate card of the victim company over 267 times in total, as shown in the list of crimes, for personal hospital expenses, oil expenses, etc.

As a result, the defendant acquired property benefits in violation of occupational duties, and suffered loss equivalent to the same amount to the victim company.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. A protocol concerning the examination of the accused by the prosecution (including the F part concerning the statement);

1. Statement of the police statement concerning F;

1. A report on the negative release and audit of accounting books, etc.;

1. Investigation report (to be attached to materials submitted by the complainant or agent);

1. Investigation report (the description of suspect's corporate card voluntarily used);

1. Judgment on the assertion of innocence

1. The defendant's summary of the defendant's assertion that the remaining amount is used as operating expenses under the labor-management agreement of the victim company was allowed to be used by the defendant, and the members including the complainant did not raise any objection so far, and in fact, there is no fact that additional operating expenses are required to the members or damage the company, and the defendant is not guilty.

2. According to the evidence of the judgment No. 1, the Defendant.

arrow