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(영문) 인천지방법원 2016.11.17 2016고단6365

업무상횡령

Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The defendant's status relationship is a person who has operated E in the building 701 located in Yeonsu-gu Incheon Metropolitan City, and entered into an agreement with the victim F and the victim G on the same business with the victim, and has overall control over the hospital, such as the operation of the hospital and fund management, as the representative director.

2. On December 23, 2014, the Defendant embezzled land price embezzlement: (a) purchased funds from the national bank H account, the account holder of the said hospital, in the course of business for the victims; (b) purchased the funds individually for KRW 4.8 billion from the Yeonsu-gu Incheon Special Metropolitan City I to KRW 1113.1m2 billion; and (c) as the purchase price falls short of KRW 25 million, the Defendant embezzled the funds by withdrawing KRW 200 million from the public funds and disbursed them as the purchase price of the said land.

3. On August 28, 2013, the Defendant disposed of the waste from the above Embry and hospital at the Embry and hospital, and recovered KRW 468,215 from the price to the J company, and embezzled the waste for personal use during the course of the occupational custody for the victims.

From July 22, 2015, the Defendant embezzled the amount of KRW 9,406,785 collected from the J company for personal purposes at least eight times, as shown in the list of crimes committed in the attached Table, from that time, from that time, from that time, the Defendant embezzled the amount of KRW 9,406,785 for personal purposes.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of suspect examination of the accused (including substitute part);

1. The statement of each police officer made to F and G;

1. Application of Acts and subordinate statutes concerning the partnership business contract, details of accounts of national bank business operators, and details of transactions of J company;

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (Overallly, the choice of imprisonment with prison labor);

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act; Article 62 (1) of the same Act;