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(영문) 서울북부지방법원 2016.11.10 2016고정1796
업무상배임
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

The Defendant works as the president of the Victim E University located in Nowon-gu in Seoul Special Metropolitan City from May 20, 2012 to May 20, 2016 and takes overall control of the foregoing university personnel affairs, financial affairs, operation, etc.

The Defendant used a corporate credit card, which was paid by the victim’s university for the purpose of president’s business promotion expenses, shall not be used for personal purposes unrelated to the president’s duties, and the victim’s budget has a duty to faithfully manage the victim’s budget by using only the purpose related to his/her duties. However, on September 16, 2012, the G golf driving range located in F in Innju City, he/she conducted golf practice together with the Defendant’s seat, and used a golf practice and pay 678,000 won to the said corporation’s credit card for private purposes, as indicated in the separate crime list, from July 21, 2012 to July 5, 2015, the Defendant acquired financial benefits equivalent to the amount of KRW 9,708,542 from the said corporation’s credit card to the said corporation’s private use without relating to his/her duties, and caused property damage equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Each prosecutor's statement to H, I, and J;

1. Answer regarding the submission of data on the details of use of each golf course, guidelines for the use of business promotion expenses, details of transactions of non-credit cards at E universities, details of the use of golf courses, business promotion expenses and evidential documents for the use of marketing

1. Application of Acts and subordinate statutes to investigation reports (verification of suspect-use card number), investigation reports (Submission of a vehicle log for reference), investigation reports (Attachment of restaurant website guidance and information data), investigation reports (verification of facts about the 20 Polol Flight of Air Force), investigation reports (verification of the details of golf course use), investigation reports (verification of the details of golf course use);

1. Relevant provisions of the Criminal Act and Articles 356 and 355(2) of the Criminal Act concerning the selection of criminal facts (general provisions);

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