A defendant shall be punished by imprisonment for six months.

Punishment of the crime

The defendant is a person who has driven the D's representative director of the victim C corporation.

1. The Defendant obtained a corporate card (new card, corporate bank card) under the name of the victim company that can only use the vehicle's oil price and food, and thus, there is a duty to use the said card only for the above purpose.

On November 2, 2012, the Defendant purchased gift certificates of KRW 2 million at the trading center of modern department stores located in Samsung-dong, Gangnam-gu, Seoul, and settled the price with the said cards in violation of its duties, thereby taking property profits equivalent to the above amount and causing damage to the victim company.

In addition, from around that time to January 6, 2013, the Defendant purchased 32,761,00 won in total, such as department stores, merchandise coupons, precious metals, etc., and settled the price with the above card in violation of its duties, thereby taking property profits equivalent to the above amount, and suffered damage equivalent to the same amount in the victim company.

2. On January 5, 2013, the Defendant operated the E-sports car owned by the Victim Company and embezzled the key of the said car without returning the key of the said car owned by the Victim Company and without returning it.

Summary of Evidence

1. Legal statement of witness G;

1. Application of Acts and subordinate statutes on the corporation card use;

1. Relevant Articles 356 and 355 (1) and (2) of the Criminal Act concerning the facts constituting an offense.

1. Determination as to the defendant and his defense counsel's assertion among concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act

1. The defendant and his defense counsel asserted that they purchased merchandise coupons, etc. using a corporate card in the personal name of the representative director, and that the automobile keys was also placed in the vehicle.

2. First, part of occupational breach of trust.