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A defendant shall be punished by imprisonment for not less than eight months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
From April 17, 2012 to December 30, 2012, the Defendant served as the representative director of the Company E located in Gangseo-gu Busan, Busan, and engaged in the representative business including the management of the company’s funds. From that point to March 7, 2013, the Defendant kept the Busan Bank’s corporate passbook (F) and the Busan Bank’s corporate passbook (Account Number:F), the corporate passbook of the Busan Bank’s corporate bank (Account Number: G), the corporate passbook of the corporate bank (Account Number: H: Account Number): H); the corporate passbook of the corporate bank; the Busan Bank’s corporate credit card (Account Number: I); and the Busan Bank’s late payment card (Credit Card Number: J).
1. On October 3, 2012, the Defendant in occupational breach of trust: (a) provided personal meals within the “K” restaurant located in Kimhae-si; and (b) paid KRW 35,000 of the meal cost by using the above Busan Bank’s corporate passbook.
Accordingly, the Defendant, as a manager of the company’s funds, violated the occupational duty that is prohibited from using the company’s funds for personal purposes, thereby acquiring the same amount of property benefits and causing damages equivalent to the same amount to the above company from October 2, 2012 to February 19, 2013, as indicated in the annexed crime list (1), voluntarily settled the amount of property benefits equivalent to 12,327,965 won in total for personal purposes at the port of Busan City through 167 times from February 2, 2012 to February 19, 2013, and suffered damages equivalent to the same amount to the above company.
2. On October 2, 2012, the Defendant withdraws or transfers 50,000,000 won from the corporate bank account of the above corporate bank, which was in his/her business custody for personal use by using computers used by the Defendant at the office of Gangseo-gu Busan, Busan, to the Busan Bank account (Account Number L) in the name of the Defendant, from that time until February 25, 2013, including the transfer of 54 times in total from that time to February 25, 2013 as shown in the List of Crimes (2).