beta
(영문) 울산지방법원 2012.02.10 2011고합240

특정경제범죄가중처벌등에관한법률위반(배임)등

Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 23, 2006, the Defendant applied for permission to establish a medical corporation in Ulsan-gu, which is its own property, as the basic property of the medical corporation. On April 12, 2006, the Defendant established the E-medical Foundation, which is the victim, on April 17, 2006, with permission to establish a medical corporation in Ulsan-gu, as the medical corporation, and established the medical corporation, which is the president of the Foundation, on April 17, 2006.

1. The defendant violates the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) and the amount of profit embezzled by the victim foundation from Section A to Section B is KRW 712,921,837. A.

In December 2007, the Defendant, in the name of the new official construction cost, committed embezzlement with the intention of raising money for divorce and the internal construction cost of the loan owned by the Defendant by preparing a false construction contract document by inserting the fact that the Defendant concluded the indoor construction contract of the hospital in the amount of KRW 388,00,000,000.

Accordingly, the Defendant prepared a false contract for construction work equivalent to KRW 7320 million, which has been appropriated for the above G and the original construction money, and prepared a false contract for construction work in an amount of KRW 320 million,000,000,000,000,000 from D Hospital to G from early 2008, by pretending the payment of the construction price based on this, paid KRW 42 million to G from D Hospital as the price for the inside construction work of the loan owned by the Defendant, and paid KRW 150,00,000,000 to H, who is the Defendant’s wife, as the consolation money, as the price for the above bill. < Amended by Act No. 9231, Dec. 23, 2008; Act No. 9120, Dec. 30, 2008; Act No. 9150, Sep. 23, 2009>

Accordingly, the defendant embezzled 320 million won, which was in his business custody for the foundation of the victim, for personal use, such as consolation money, etc.

B. The Defendant’s embezzlement, under the pretext of wage payment, pretended to have worked in the Victim Foundation even though K, who is the Defendant’s mother I, the Defendant’s wife, the Defendant’s wife, the Defendant’s J, and the Defendant’s Dongbook, did not work in the Victim Foundation.