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(영문) 수원지방법원 평택지원 2017.09.13 2017고정183
업무상배임
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

From February 28, 2012, the Defendant had occupational duties to use the corporate card issued by the association as the head of the victim C Urban Development Project Association from February 28, 2012 to the present.

Nevertheless, the Defendant, at around December 6, 2012, paid 70,000 won in physical training with the corporate card of the union in violation of the above duties in the E-made training room located in Pyeongtaek-si D, and was corrected from around that time to December 15, 2015, the daily list of crimes in attached Form 18 “G” was corrected to “H”.

The total amount of KRW 1,707,000 was approved by using the above card over 34 times, such as the statement, with the corporate card.

Accordingly, the defendant suffered property damage equivalent to KRW 1,707,00 in the above urban development cooperative, and acquired property profit equivalent to the same amount.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with respect to F;

1. A statement of use of a card, details of use of a corporation card, details of use of a corporation card [the defendant and his/her defense counsel asserted that an illegal acquisition has no intent to obtain it, but if comprehensive consideration of the place of use of the card, the profits and goods acquired, the objective nature of the goods, the defendant's investigation agency and the contents of the change in this court is recognized that the use of the corporation card recorded in the list of crimes in the annexed crime is for the personal benefit of the defendant, and the above argument is

Application of Statutes

1. Article 356 of the Criminal Act applicable to the crime, Articles 356 and 355 (2) of the Criminal Act, the selection of fines for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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