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(영문) 수원지방법원 안양지원 2019.08.08 2019고정233
업무상배임
Text

A defendant shall be punished by a fine of 500,000 won.

Where the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who worked as a regular director of the D Co., Ltd., the victim of the victim of the D Co., Ltd., located under the B building C from February 2002 to February 2018 and has been in charge of overall management of material purchase and accounting.

Although the victim company's corporate card is prohibited from being used for personal purposes because it is not used for his/her duties, the defendant violated his/her duties and used the victim company's corporate card for his/her own personal purposes from February 11, 2018, including the purchase of goods for personal purposes at the Eju station located in several cities on March 11, 2016, and the settlement of 70,000 won with the victim company's corporate card, from that time to February 11, 2018.

Accordingly, the defendant acquired property benefits equivalent to KRW 421,104 and suffered damages equivalent to the same amount in the victim company.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partial police officers of the accused;

1. Statement of the police statement concerning F;

1. Investigation report (to G telephone conversations for reference);

1. Detailed statement of fees for using cards, and application of credit card sales slips-related Acts and subordinate statutes;

1. The relevant Article of the Criminal Act and Articles 356 and 355(2) of the Criminal Act, all of which are the choice of a fine for the crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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