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(영문) 수원지방법원 안양지원 2018.10.11 2018고정335
업무상배임
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

From November 1, 2012, the Defendant is a person who has been engaged in the affairs in charge of calculation in Doang City C.

The Defendant set aside a certain percentage of the amount purchased as points if the customers who purchased the goods in the above store wish to set aside the point of the fMF card (hereinafter referred to as the “FMF”), and set aside a point in total 725 times in total from November 2012 to September 2017 by registering the points not accumulated by the customers after the purchase in the FMF number in the name of the Defendant, despite that if the customers wish to set aside the points, they need not set up the points in the event they are not members of the FMF or customers do not want to do so.

As a result, the defendant acquired approximately KRW 122,890 property benefits, and suffered property damage equivalent to the same amount in the above D store.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. Details on the payment and use of cash coophones to the point of the recipient;

1. Investigation report (specific amount of damage, and revision of amount of damage);

1. Application of statutes on the details of points accumulation;

1. Articles 356 and 355 (2) of the Criminal Act and the selection of fines concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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