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(영문) 인천지방법원 2020.02.06 2019고단8936
업무상배임
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

From January 5, 2015 to May 31, 2019, the Defendant is a registered director of the victim E, a corporation with D located in Geumcheon-gu Seoul Metropolitan Government building C, who has been in charge of advertising management and accounting affairs.

Since the Defendant received a corporate bank corporation card (F) from D to use the above corporate business-related expenses, there was a duty to use the corporate bank card in compliance with its intended purpose.

1. On January 21, 2017, the Defendant purchased personal goods at H convenience points located in Yeonsu-gu Incheon Metropolitan City, and settled the price of KRW 15,400 with a corporate bank card of the victim company, which was kept in custody by the victim company, in exchange for the settlement of the price of KRW 15,400 with the corporate bank card of the victim company, from June 2, 2019, from that time to June 2, 2019, the Defendant acquired the financial benefits equivalent to the said amount by settling the sum of KRW 4,673,205 with the above corporate card up to 121 times as shown in attached Table 1. The victim suffered financial damage equivalent to the said amount.

2. On January 4, 2017, the Defendant: (a) purchased an implied purchase by accessing the Internet site I at an unspecified place; (b) paid 60,000 won by the above corporate bank corporate card; and (c) paid 3,938,849 won in total with the corporate card through 57 times from June 2, 2019, as shown in attached Table 2, from that time to June 2, 2019; (d) obtained financial benefits equivalent to the said amount; and (e) inflicted financial losses on the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each investigation report (the attachment of the last copy of the corporate card details used by a suspect for his/her personal purpose, and the change of settlement details on the offline);

1. Application of the details of suspect corporation cards submitted by the suspect and the entire specifications of corporation cards to the Acts and subordinate statutes;

1. Article 356 of the Criminal Act, Articles 356 and 355(2) (general) of the Criminal Act regarding criminal facts, and Article 355 of the Act on the Selection of Fines did not agree with the victim company;

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