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(영문) 의정부지방법원 2017.08.10 2016고단341

업무상횡령

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

From March 2, 2005 to December 4, 2014, the Defendant, as a nurse of the C’s mother located in Guri-si B, was engaged in the receipt of medical expenses and patient receipt counseling service of the above hospital.

On October 11, 2009, the Defendant received 64,000 won of medical expenses from the above hospital in cash, and entered the above amount in the course of business custody for the above hospital as if it was paid by the card, and consumed it for personal use on the same day.

In addition, the Defendant embezzled KRW 208,266,590 on a total of 640 occasions, such as the list of offenses (1), (2), (3), and (4), from June 4, 2009 to December 18, 2013.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Each legal statement of the witness D, E, F, G, H, and I;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Each police statement made to E and I;

1. Statement made by the police in relation to D (including the J-Statement);

1. A’s self-written, grix, grix, and grix.

1. Details of transactions on the aggregate of the money deposited in the passbook of the person to be avoided;

1. The amount of embezzlements against A non-working days and I non-working days;

1. Inquiries about transaction details, a detailed statement of account transactions in K Bank, a detailed statement of account transactions in post offices, and a detailed statement of account transactions in company bank accounts;

1. Details of payment of service marks and expenses on duty;

1. A letter of certification (written payment);

1. The electronic receipt list in 2009, the external receipt ledger in 2010, the computerized receipt list in 2010 through 2013, the card details in 2010 through 2013, the bank account records in 2010 through 2013, the computerized receipt list in 2010 through 2013, the computerized receipt list, the computerized receipt list, and the computerized data;

1. Intellectual property classification codes;

1. Application of statutes on service marks (A on duty indications), A writing letters, and A performance records;

1. There is no type 2 (10 million won or more, and less than 500 million won) [the person who is subject to special sentencing] of the type 2 (a) [the person who is subject to general sentencing] of the crime of embezzlement and breach of trust for the reason of sentencing the punishment of imprisonment with labor, including Article 356 and the choice of the punishment, as a whole, (2) of the Criminal Act, and Articles 355 and 355(1) of the Criminal Act; (3) of the Guidelines for the Punishment of Embezzlement and Breach of Trust for the Punishment of Criminal. In the event of