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(영문) 서울중앙지방법원 2020.04.23 2019고단4737
업무상배임
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From July 28, 2017 to March 12, 2019, the Defendant served as the head of the personnel affairs team at the Victim B Co., Ltd. (hereinafter “victim”) from around July 28, 2017 to around March 12, 2019, and the Defendant used seven copies of the corporate card issued by the Victim Co., Ltd. (C Card D, C Card E, C Card F, C Card G, C Card H, C Card H, C Card I, and C CardJ) of the Victim Co., Ltd. that the Defendant received from the Victim Co., Ltd. (hereinafter “victim Co., Ltd.) only for the purpose of business

Nevertheless, around 02:00 on September 12, 2017, the Defendant opened a drinking place irrelevant to the business affairs of the victim company and took alcoholic beverages, salkeys, etc. at L, and written indictment in one of the above corporate cards (C card E). However, it appears to be “C Card E” as “C Card E.” but this appears to be an obvious clerical error in the “C Card E.” In addition, the Defendant paid 7,50,000 won in total, including drinking value, service fees, etc. by using seven copies of the above corporate card by December 9, 2018, including the attached list of crimes, by December 1, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the prosecution against M, N, andO;

1. Application of Acts and subordinate statutes to the personnel management team, a detailed statement of use of corporate cards and corporate cards used by the employee client;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 356 and 355 (2) of the Criminal Act which choose a penalty;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended punishment according to the sentencing guidelines (a decision of type) (a decision of type) shall be limited to embezzlement and breach of trust [the category 2], and the amount of less than KRW 100 million and less than KRW 500 million (a special person) shall be limited to the mitigated amount: the amount of punishment or significant damage.

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