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(영문) 대구지방법원 영덕지원 2016.04.06 2015고단265

업무상횡령

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On January 16, 2009, upon receipt of a decision to commence rehabilitation procedures from the Daegu District Court on January 16, 2009, the medical corporation for victims E with occupational embezzlement of the victim medical corporation, E was authorized as a medical corporation established on the part of February 16, 201. Accordingly, according to the content, the Defendant deposited the victim with the amount of KRW 2.477 million (including contributions 1.476 billion, loans 1 billion) with the acquisition price, and the victim was decided to terminate the rehabilitation procedures from the above court on August 22, 201, upon receipt of the acquisition price.

The defendant accepted the victim through the above process, and on August 22, 201, he took office as the representative director of the victim and took overall charge of the affairs of the Foundation, and has been engaged in the management of the Foundation's funds.

On November 1, 201, the Defendant received a loan of KRW 1.85 million from the point of entry into the Daegu Bank Port to the port of the Daegu Bank as collateral all fundamental property of the victim, such as the site and building in two parcels of land, and paid KRW 1.46 billion out of KRW 1.476 billion, which the Defendant contributed in accepting the victim as above, on the same day on the ground that the Defendant was the money borrowed from the person who was the land, and paid KRW 1.466 billion to the land.

Accordingly, the defendant embezzled the victim's property.

The defendant of occupational embezzlement against the victim G is a person who has been in charge of the management of the hospital while working as the representative director of the H hospital, and I is a person who has been engaged in the business of withdrawing and using the money at the request of the patient concerned while working in the department of the hospital, and managing the money to be used for food expenses, etc. from the patient of the hospital upon receipt of the head of the Tong with deposit money from the patient.

The defendant receives a report from I that he is urged to pay the credit amount of the hospital customer, and first check out whether there is money in the head of the Tong.