업무상횡령
A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant has been engaged in overall management of the victim's social welfare foundation D and the president of the E-Medical Center operated by the victim.
On June 15, 2009, when the defendant operated a F car at the subordinate police station located in the sub-Dong-dong Eup Eup/Myeon/Dong-gun and discovered by speed violations, the defendant paid a penalty of KRW 32,000 with the funds of the victim who was in his custody for business purposes.
As above, the Defendant, from June 15, 2009 to June 24, 2013, embezzled a total of KRW 10,878,200 on a total of 54 occasions, as shown in the annexed crime list, arbitrarily used the same as in the annexed crime list.
Summary of Evidence
1. Partial statement of the suspect interrogation protocol of the accused by the prosecution (including the G statement section);
1. Legal statement of witness G;
1. The prosecutor's statement concerning G;
1. A written accusation;
1. The case of penalties and fines for negligence by the E-Medical Care Center, and the case of execution of golf courses by the President of the E-Medical Care Center (three copies of investigation records);
1. Application of Acts and subordinate statutes to report on investigation (in cases of investigation by a public official in charge, submission of relevant materials);
1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 356 and 355 (1) of the Criminal Act which choose a penalty;
1. The reason for sentencing under Article 62(1) of the Criminal Act does not reflect the denial of the crime while denying the use of the budget for personal purposes while operating the medical care center with the budget subsidized by the National Health Insurance Corporation or local governments. However, since 2003 as the president of the E-Medical Care Center, the Defendant was designated as the best agency for evaluating long-term care benefits in 2012. The Defendant was audited by local governments, etc. before 2013, and was not pointed out as to the unjust execution of the budget. There was no same criminal history, and there was no criminal history of the Defendant, and there was only one criminal record, other character, conduct and environment of the Defendant, the background and result of the instant crime, circumstances after the instant crime, etc.