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(영문) 대전지방법원 홍성지원 2021.01.12 2020고단553
업무상배임등
Text

The punishment of the accused shall be set forth in six months.

except that the above sentence shall be executed for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From January 1, 2003 to August 31, 2018, the Defendant worked as a “D” employee in Boan-si operated by the victim B, and engaged in the business of entering and leaving the said book and providing teaching materials to private teaching institutes.

1. The Defendant is engaged in occupational breach of trust in performing the above duties, and is engaged in the duties to use the car parking expenses, the occupation-building expenses among the duties, the mobile phone charges used by the Defendant for his/her business, and other duties to use the FF bank credit cards (G and H) in the name of the injured party for his/her duties, which were issued by the injured party for the purpose necessary for his/her duties.

A. The Defendant, in violation of the aforementioned occupational duties, received KRW 200,000 cash services using the FF bank credit card (G) under the victim’s name at a place where it is impossible to identify the place around September 21, 2010, and thereafter, up to June 24, 2017, by using the said credit card in the foregoing manner as in the attached Table 1 “Revised Crime List 1” period, the Defendant acquired financial benefits equivalent to the same amount by obtaining the said amount of KRW 14,440,00 in total on 42 occasions, and suffered financial losses equivalent to the same amount from the victim.

B. The Defendant committed the settlement of credit card member stores in violation of the aforementioned duty and at I where the address is unknown on September 26, 2010, in violation of the aforementioned duty, purchased goods using the FF bank credit card (G) in the name of the victim and settled KRW 250,000 from that time, and from that time, until August 23, 2017, the Defendant used the said credit card in the foregoing manner as in the column of “Revised Crime List 2,” and acquired an equivalent amount of KRW 17,441,930 in total for 137 occasions, using the said credit card as in the foregoing manner, thereby obtaining economic benefits, and causing property damage equivalent to the said amount to the victim.

2. On July 12, 2013, the Defendant supplied books to J, which is the customer of the above book-keeping.

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