Corporate Card Personal Use Detection: Complete Legal Response Guide for Breach of Trust

With the recent emphasis on corporate transparency and compliance strengthening, monitoring of corporate card personal use has significantly intensified. We have built deep expertise in this field by resolving numerous breach of trust disputes related to corporate executives’ personal use of corporate cards. The cases we have handled fall mainly into two categories. One involves situations where shareholders or investors file complaints against corporate management, and the other involves situations where we defend accused executives. Notably, we have also achieved success in inducing voluntary resignation of management by meticulously analyzing corporate card usage patterns at the request of corporate shareholders.

1. Legal Nature of Corporate Card Personal Use

Personal use of corporate cards for individual purposes transcends mere accounting errors or ethical issues and can constitute breach of trust, a serious criminal offense. With the current surge in social demands for ESG management and corporate transparency, this issue has emerged as a significant risk factor in corporate operations.

Definition of Corporate Card Personal Use

Corporate card personal use refers to the act of using company-issued credit cards for personal needs completely unrelated to corporate business purposes. Such acts are characterized by the perpetrator being an employee with corporate card usage authority (particularly CEOs and executives), the target being corporate assets (corporate card credit limits), personal use of the card, and causing financial losses to the company.

Applicable Legal Provisions

Criminal Act Article 356 (Breach of Trust in Business)
A person who handles another’s affairs and obtains property benefits or causes a third party to obtain such benefits through acts contrary to his duties, thereby causing damage to the principal, shall be punished by imprisonment for not more than five years or by a fine not exceeding 15 million won.

2. Strategies for Securing Corporate Card Usage Records

To successfully prove corporate card personal use, securing clear and specific usage records is an absolute prerequisite. No matter how strong the suspicions may be, effective legal action is impossible without objective usage data. We possess extensive practical experience in successfully securing corporate card usage records through various methodologies.

Direct Request Through Shareholder Status

We have actual experience in collecting and analyzing card usage data in detail by requesting it from companies as investor-shareholders. This approach is most effective when the company’s cooperative attitude is guaranteed. Key strategies when requesting as a shareholder include clearly presenting reasonable grounds for suspicion rather than mere curiosity, limiting the scope of requests to specific periods and items, and specifying that this is an exercise of legitimate supervisory rights as a shareholder.

Mandatory Acquisition Through Court

We have successful experience in forcibly securing credit card usage records by applying to the court for “provisional disposition for inspection and copying of accounting books” based on shareholders’ right to inspect accounting books (Commercial Act Article 466) when companies do not voluntarily provide corporate card usage records. Key elements when applying for provisional disposition include the shareholder’s right to inspect accounting books as the right to be preserved, the necessity of preservation due to concerns about data concealment or evidence destruction, and presenting specific grounds for reasonable suspicion rather than vague doubts.

Utilizing Internal Whistleblowing and Tips

We have also experienced numerous cases where usage records were secured through tips from internal employees. Examples include conscience confessions from accounting staff, eyewitness testimonies from fellow employees, and discoveries during internal audit processes. In such cases, ensuring whistleblower safety and securing evidence legality are crucial.

3. Major Detection Cases and Pattern Analysis

Based on cases we have actually handled, we will analyze specific types of corporate card personal use that frequently occur.

Education-Related Personal Use

Our handled case: A case where a CEO used a corporate card to pay for their child’s English academy fees over an extended period. Educational expenses are clearly personal expenditures with no business relevance whatsoever, and the continuous and repetitive use clearly demonstrated intentionality, which were the legal issues.

Personal Office Supply Purchases

Our handled case: A case involving the purchase of high-end printers, personal laptops, and office furniture with corporate cards, followed by home delivery. While remote work could be claimed as justification, the actual place of use is important; when the delivery address is a personal address, personal use is presumed, and the distinction between business and personal use was a legal issue. In this case, the core of proof involved confirming delivery records, proving actual usage locations, and reviewing the necessity for business purposes.

Personal Shopping During Overseas Business Trips

Our handled case: A case involving the purchase of personal luxury watches at duty-free shops during business trips abroad. Even during business trips, purchasing personal luxury items constitutes personal use, requiring clear distinction between business-related and personal expenses, and differentiation from entertainment expenses or business supplies was a legal issue.

Family-Related Expenses

Our handled case: A case involving continuous use of corporate cards for personal family gatherings, birthday parties, and ancestral rites. The legal issues included distinguishing between business entertainment expenses and personal family meal costs, the importance of participant composition and purpose, and the relevance to company business.

Family Travel Expenses

Our handled case: A case involving payment for four family members’ airfare to Jeju Island using a corporate card. The legal issues involved clear distinction between personal travel and business trips, family travel expenses being clearly personal use, and the business relevance of travel purposes and schedules.

Common Pattern Analysis

Common characteristics of these cases we handled include: first, persistence and repetition showing continuous patterns rather than one-time mistakes; second, clear intentionality demonstrating deliberate use rather than errors or mistakes; third, concealment attempts involving vague or false recording of purposes; and fourth, post-hoc rationalization involving forced claims of business relevance after detection.

4. Core Requirements for Legal Proof

There is a significant difference between mere suspicion and legal proof. Courts demand specific and objective evidence.

Objective Proof of Personal Use

When analyzing the nature of purchased items, it’s important to determine whether they are clearly for personal use, their relevance to company business, and objective judgment of business necessity. Regarding usage timing and location, key factors include whether use occurred outside working hours or on holidays and use in locations unrelated to business. For delivery and receipt information, considerations include delivery to personal rather than company addresses, direct personal receipt, and the relationship between delivery time and working hours.

Proving Absence of Business Relevance

When reviewing business necessity, we examine whether the expenditure was necessary for company business, whether there were past expenditure cases for similar business purposes, and whether alternative company assets were available. Regarding absence of approval procedures, we verify compliance with prior or post-approval procedures, proper implementation of procedures according to company internal regulations, and approval from relevant departments or supervisors. For accounting treatment appropriateness, we review whether it was processed under correct account items, whether usage purposes were accurately recorded, and whether relevant supporting documents were properly attached.

Elements Proving Intentionality

Regarding recognizability, we examine situations where personal use could be sufficiently recognized, expenditures where business irrelevance was obvious, and matters that could be judged by common sense. For repetition and continuity, we confirm continuous use rather than accidental mistakes and certain patterns or periodicity.

5. Response Methodology for Affected Companies

We will examine systematic response measures from the perspective of companies or shareholders who have suffered damage from corporate card personal use.

Evidence Collection Phase

In systematic usage record analysis, we identify usage patterns through chronological analysis, distinguish between suspicious and normal transactions, and conduct classification analysis by amount, industry, and time period. For securing related supporting materials, we collect detailed credit card usage statements, receipts or slips for individual transactions, delivery records and courier receipts, payment approval text messages, and email or messenger conversation contents. For securing witnesses and reference persons, we secure eyewitness statements, testimonies from related employees, and statements from transaction counterparts when necessary.

Legal Response Phase

In sending certified mail, we request fact confirmation, demand damages and compensation, request additional investigation cooperation, and give notice of legal action. In preparing criminal complaints, we organize specific charges, attach related evidence materials, calculate and specify damages, and draft and submit complaint documents.

Damage Recovery Phase

In filing civil lawsuits, we prepare damage compensation claims, accurately calculate damages, and review claims for late payment damages and consolation money. In applying for provisional dispositions, we prevent asset concealment through attachment applications, identify target assets such as real estate, deposits, and salaries, and secure effectiveness through swift procedures. In strengthening accounting audits, we establish internal control systems to prevent recurrence, establish regular audit systems, and reorganize corporate card usage regulations.

6. Defense Strategies for the Accused

We will examine defense strategies for those accused of corporate card personal use.

Initial Response Strategies

In immediate compensation measures, we compensate for damages first even if there are disputes, secure favorable elements for sentencing, keep open possibilities for settlement with victims, and express sincere remorse. In accurately organizing factual relationships, we distinguish between objective facts and subjective interpretations, organize accurate circumstances in chronological order, collect and preserve related evidence materials, and secure statements from witnesses or reference persons.

7. Corporate Prevention and Management Systems

We will examine prevention measures and internal control measures to fundamentally prevent corporate card personal use.

Building Institutional Mechanisms

When codifying corporate card usage regulations, we should specifically specify the scope and purposes of allowable use, clearly enumerate prohibited usage items, clearly define approval procedures and authorities, and specify disciplinary and punishment standards for violations. When introducing prior approval systems, we should mandate prior approval for use above certain amounts, distribute approval authority by levels, prepare post-approval procedures for emergency use, and establish appeal procedures when approval is denied.

When conducting regular audits, we should comprehensively investigate usage details monthly or quarterly, conduct random sampling investigations, implement independent audits through external accounting firms, and transparently disclose audit results.

Setting Usage Limits and Restrictions

When setting differential limits by position and department, we should establish daily and monthly usage limits, restrict use in specific industries or time periods, and prepare separate approval procedures for overseas use.

8. Final Conclusions and Practical Guidelines

Corporate card personal use issues are serious matters that can result in severe criminal punishment beyond mere ethical lapses. Particularly, breach of trust using official positions receives more severe punishment than general crimes, requiring special attention.

Corporate-Level Response

Prevention is the best measure. Companies should build clear regulations and thorough monitoring systems and focus on fundamental prevention through regular education and cultural improvement. Swift and decisive response when incidents occur is necessary. Systematic and professional approaches from evidence collection to legal action are important.

Individual-Level Precautions

When using corporate cards, one should always ask “Is this really for the company?” If there is any doubt, it is safe to refrain from use and obtain company approval in advance when necessary.

Importance of Expert Assistance in Legal Response

Corporate card personal use cases are complex matters requiring professional knowledge and experience from evidence collection to legal interpretation and defense strategies. Whether on the victim’s side or the accused’s side, initial response greatly affects case outcomes, making it important to receive assistance from professional attorneys.

We have experience successfully handling numerous breach of trust cases involving corporate executives’ personal use of corporate cards. Particularly, we possess both cases where we analyzed corporate card usage records at shareholders’ requests to uncover illegal facts and induce voluntary resignation of management and cases where we defended accused management to receive lenient treatment, enabling us to provide optimal legal services tailored to case characteristics and client positions.