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Reasons
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(영문) 수원지방법원 안양지원 2016.02.04 2015고단1406
업무상배임
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A defendant shall be punished by imprisonment for a term of one year and two months.

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

Reasons

Punishment of the crime

The Defendant is a person who served as an accounting employee of the victim D Co., Ltd. from January 2, 2010 to February 28, 2015 and has been engaged in accounting, disbursement, etc. of funds.

1. The Defendant, on the basis that he holds our card (credit card number: E), which is a corporate card under the name of the victim company, violated his duty despite the fact that there was a duty to use the said card only for the purpose related to the business of the victim company. On June 2, 2011, the Defendant paid KRW 36,100 for personal use using the said card, as well as from that time to December 26, 2012, by paying KRW 62,783,296 for personal use by using the said card, such as (i) and (ii) the daily list of crimes in attached Table 165 times until December 26, 2012.

2. On January 3, 2013, the Defendant held two Korean cards (F and G) under the name of the victim company, which were renewed and delivered after the expiration of the effective period, in violation of his/her duties despite the duties to use the said cards only for the purpose related to the business of the victim company. On January 3, 2013, the Defendant paid KRW 500,000 for personal use by using the said Korean card (credit number G) at the New World War of the New World Investment Bank Co., Ltd., in violation of his/her duties. From that time to that time, from January 31, 2015, the Defendant acquired 50,000 won for personal use using the said card (credit number G), 602 times, such as the daily list of crimes (3), (4), and (5) again, and settled the sum of 182,435,267 won for personal use by using two copies of the said Korean card.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of H during the police interrogation protocol against the accused;

1. Statement made by the police with H;

1. A complaint;

1. The investigation report (the change of the amount of damage);

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