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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. Crimes against the victim B;
A. From December 2012 to June 2013, the Defendant in occupational breach of trust received eight copies of the card issued by the victim company (three copies of the card issued by our bank, D, E, F), four copies of the card issued by corporate bank (G, H, I, and J), and one copy of the card issued by the national bank (K) in order to facilitate business activities while working as the head of business of the victim company, which is a corporation for energy saving business and electrical construction business in Yeongdeungpo-gu Seoul Metropolitan Government.
According to the bylaws on the use of a corporate card, a credit card shall be used only for the contact with sales in connection with business activities, and shall not be used from 23:00 to 06; and it shall be stipulated that the person with the highest approval authority of the department shall specify the person with the contact with the entertainment expense when using the entertainment expense and obtain approval from the highest approval authority; accordingly, the defendant has the duty to use the credit card in the name of the corporation for the purpose of
Nevertheless, the Defendant violated the above duties and used 12,766,411 won in total for personal use not related to the work, such as the list of crimes in attached Form 41 until May 29, 2013, by means of preparing a letter of request as if he/she had contact with the employees of the victim company and settled 98,000 won using the above corporate card when he/she provided meals with the employees of the victim company.
As such, the Defendant acquired pecuniary benefits equivalent to KRW 12,766,411 in violation of the above duties, and thereby inflicted damages on the victim company.
B. The Defendant, while working as the chief of the business of the victim company, used the corporate card for the business owner, but did not properly receive the business owner, was the owner of the business.