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(영문) 서울남부지방법원 2014.01.22 2013고단2220
업무상배임
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

The defendant, from March 10, 2006 to March 9, 2009, worked as the head of the facility department D, who is the victim, and, around May 19, 2006, in the Agricultural and Fishery Products Distribution Center of Goyang-si located in Goyang-si, the defendant purchased an amount equivalent to KRW 168,00,00, such as swimmings, cambling, off, and stormtoma, and calculated the amount by using the corporate card received from the victim's company for business purposes, and acquired the same amount of property damage to the above victim's company by calculating the amount of KRW 11,097,706, in total by using the corporate card as stated in the list of crimes, as shown in the list of crimes, from May 19, 2006 to January 2, 2009.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, F and G;

1. Examination protocol of the accused by prosecution;

1. Receipts for the use of corporate cards;

1. Judgment on the assertion that the corporation card was used in relation to business promotion expenses and the standards for use of the corporation card, and the corporate card operation regulations

1. Of the alleged facts charged, KRW 3,709,536 out of the amount of the charges charged, the Defendant used the corporate card without permission in order to offset the expenses that the Defendant spent for the business, but the remaining KRW 7,388,170 purchased the necessary goods of the facility staff and the contract staff and used them for the purpose related to the business.

2. Determination based on the following circumstances, i.e., the following circumstances revealed through each of the above evidence, i.e., the victim’s “business promotion expenses and the standards for the use of the corporate card,” and the holidays, vacations, and holidays.

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