(영문) 서울중앙지방법원 2017.10.20 2016고단8153

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2017.10.20 2016고단8153

업무상배임등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant, as the representative director of G Co., Ltd., the victim of occupational breach of trust, was engaged in the business of operating the above company and executing funds, and when using the corporate card of the above company, there was an occupational duty to use it only for the purpose related to the business of the company, and to prevent the damage to the above company

Nevertheless, at around 00:29 on October 9, 2012, the Defendant violated the above occupational duties, and paid KRW 73,000 for personal drinking, using the above corporate card of the company as well as KRW 102,651,10 for personal meals, travel expenses, etc. from around that time to May 4, 2015, the Defendant acquired property benefits equivalent to the same amount with the victim’s damages equivalent to the same amount.

2. Larceny;

A. On May 26, 2015, the Defendant, at a certified tax accountant office located in the Gangnam-gu Seoul Gangnam-gu Seoul Gangnam-guJ, had the intent to steal the Defendant’s certificate of personal seal impression in the name of the victim K and had prior consultation with L to require a certificate of personal seal impression on the part of the victim.

It will be returned later.

"A person who received a certificate of his/her seal imprint from the injured party and subsequently steals it by means of deception."

B. On June 1, 2015, the Defendant requested the victim K to request a copy of the transfer contract under the name of the Defendant and L, which was managed by the victim K, at the tax accountant office located in the Gangnam-gu Seoul Gangnam-gu SeoulJ, and then the victim would be able to get off the toilet for a short period of time.

"............." and a copy of the share transfer agreement was stolen by means of fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of L partially every witness;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Partial statements made by the police concerning L;

1. Written 1. J.

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