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A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. The Defendant in occupational breach of trust worked as the head of the victim B from February 29, 2018 to September 2018.
In the case of using a corporate card, the victim must obtain prior permission from the victim and use it for business related purposes, but the defendant, while keeping the corporate card in Chapter 2, such as the Cbank Card (D) in the name of the defendant, in violation of his occupational duties, purchased the E Products Amounting to KRW 3,50,000,000 from the Gansi District E department store store in Yongsan-si, and paid the price by the Cbank Card in the name of the defendant from September 2, 2018 to September 14, 2018, the defendant paid the corporate card amounting to KRW 11,309,620 in total for personal purposes four times, as shown in the attached crime daily list (1).
As a result, the defendant acquired the benefit equivalent to 11,309,620 won in violation of occupational duties, and caused the victim with property damage equivalent to the same amount.
2. A theft: (a) around September 2, 2018, the Defendant stolen a total of three copies of Cbank cards (K) in the name of C Bank (M) in the name of C Bank (I) in the name of C Bank (K) in the name of J, and L’s C Bank cards (M) in the name of C Bank (M) in the name of H’s stock company B, which is kept in the book book at the office B office of Seongbuk-gu Seoul Special Metropolitan City F Building G, Jung-gu, Seoul Special Metropolitan City.
3. On September 2, 2018, the Defendant violated the Fraud and the Specialized Credit Financial Business Act: (a) around September 2, 2018, the Defendant, who purchased an amount equivalent to KRW 2 million with e-mail cards in the name of the employees of the department store as if he was the legitimate holder of the credit card; (b) paid the price by a Cbank card in the name of B, which was stolen, as shown in attached Table (2), from that time to November 7, 2018; and (c) paid a total of KRW 31,490,901 in total by 121 times, as indicated in attached Table (2), and received a stolen amount of property equivalent to the said amount.
The defendant uses stolen credit cards.