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Reasons
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(영문) 부산지방법원 동부지원 2021.02.18 2020고정462
업무상배임
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Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant agreed to make a joint investment by creating a corporation that will perform the business of selling officetels in the process of constructing and selling officetels on the land B and Busan Shipping Daegu C.

On December 11, 2015, the Defendant established D Co., Ltd. (hereinafter “victim Co., Ltd.”) that is a victim company (hereinafter “victim Co., Ltd.”) and the Defendant, as the representative director, had a duty to use the victim company’s corporate card for the purpose of performing the business of the victim company.

Around December 18, 2015, the Defendant issued two F.C. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. (G) to be used for corporate business purposes and delivered to B, but the Defendant intended to use the remaining one. However, on February 20, 2017, the Defendant issued an additional issuance of the E. F. F. F. F. F. F. F. F. F. (I.) in the name of the victim in the E. H. F. F. F. F. F. F., F. F. F., F. F. F. F. F., the Defendant, at the K Hospital located in Seongdong-gu Seoul Metropolitan Government, for the personal interest of the Defendant in violation of the aforementioned duties, provided that the Defendant’s wife approves KRW 454,560 under the name of hospital medical expenses for the personal interest of the Defendant, and provided that the Defendant used the victim’s card for business purposes in attached Form 286.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused by the prosecution (including the part concerning L and M);

1. Statement made by the police against B;

1. Certified copy of corporate registry (D) a statement of credit card use (L), inquiry into approval for domestic transactions (E bank), domestic transaction approval card record (credit card) - Application of A statute;

1. Relevant Article 356 of the Criminal Act and Articles 355 (2) (including), and Article 355 of the Criminal Act, the choice of fines for criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The order of provisional payment;

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