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Defendant shall be punished by a fine of KRW 2,000,000.
If the defendant does not pay the above fine, 100,000 won shall be one day.
Reasons
Punishment of the crime
From March 2008 to August 2014, the Defendant served as the planning director who is engaged in affairs related to the operation of the victim corporation in Jongno-gu Seoul Metropolitan Government, such as overall planning of the victim corporation and consultation with the competent authorities, and received one copy of the corporation card from the victim corporation and used it.
Although there are occupational duties that require the use of a corporate card for the performance of duties under the jurisdiction of the victim corporation, the defendant violated his duties, the defendant used the vehicle for personal purposes in the E stations around October 1, 2009, using the 31,577 won of the gas station in violation of his duties, thereby obtaining property benefits at will and causing damage equivalent to the same amount to the victim corporation regardless of his duties by paying it with the above corporate card. From February 22, 2015 to February 22, 2015, the defendant paid 1,026,371 won in total by paying it with the above corporate card and acquired property benefits and suffered property damage equivalent to the same amount to the victim corporation.
Summary of Evidence
1. Partial statement of the defendant;
1. Investigation report (Submission of suspect A's explanatory materials and analysis of data), investigation report (organization of details of use of A's card);
1. Application of the Acts and subordinate statutes to the F and A of each protocol of examination of witness;
1. Relevant Article 356 of the Criminal Act and Articles 356 and 355 (2) of the Criminal Act, the choice of fines concerning criminal facts;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The assertion and determination of Article 334(1) of the Criminal Procedure Act regarding the provisional payment order
1. The Defendant and his defense counsel’s assertion was partially unpaid for the reason that the victim’s corporate finance was poor at the time, and the Defendant used the corporate card with the consent of the president F to use the corporate card for personal use within the limit of 300,000 won per month. As such, the Defendant used the corporate card.