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(영문) 광주지방법원 목포지원 2018.10.22 2017고단1221
업무상배임등
Text

Defendant

A Imprisonment for eight months, Defendant B shall be punished by a fine of 2,00,000 won, and Defendant C shall be punished by a fine of 3,00,000 won.

Reasons

Punishment of the crime

Defendant

A is the actual operator of the victim E company, and Defendant B is the representative director of the victim company, who is engaged in the business of fund management, etc. of the above company, respectively. Defendant C is a person registered as the inside director of the victim company, and Defendant C is a person who was sentenced to imprisonment with prison labor for six months at the Seoul Central District Court on October 17, 2016 and two years of suspended execution and was sentenced to imprisonment with prison labor for fraud at the Seoul Central District Court on March 28, 2017.

1. On June 2016, the Defendants conspired to use the said cards for personal use by taking advantage of the fact that they possess each credit card linked to the company bank account in the name of the victim company, in violation of the duty to use the said cards only for the business affairs related to the victim company.

A. According to the foregoing public offering, Defendant A paid KRW 6,00 of the coffee price by a corporate card in the name of the injured party, in violation of the above occupational duties, and around July 1, 2016. From June 20, 2016 to August 9, 2016, Defendant A paid KRW 17,515,795 in total over 159 times, as shown in attached Table 1 of the List of Offenses Act, from June 20, 2016.

B. Defendant B paid KRW 6,900 for the total amount of KRW 81,958,530 for 81 times from June 21, 2016 to August 7, 2016, at the F convenience store located in Jung-gu Incheon, in violation of the above occupational duties according to the above public offering, as well as the payment of KRW 6,90 for the goods with the corporate card in the name of the victim.

(c)

Defendant

C In violation of the above occupational duties, around July 1, 2016, C settled 10,90 won of coffee at the coffee shop located in Gangnam-gu Seoul with a corporate card in the victim’s name. From June 20, 2016 to August 9, 2016, C paid 3,313,200 won in total over 191 times, such as the case of the attached Table 3 re-off from June 20, 2016 to August 3, 2016.

As a result, the Defendants conspired with the victim company to sum the card price.

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