beta
(영문) 서울중앙지방법원 2016.09.20 2016고단4327

업무상횡령

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

From November 2012, the Defendant was acting for the president of the C Medical Foundation C Hospital in the victim medical corporation from around November 201, and was appointed as the president on April 2013 and served as an unpaid honorary post until now, and is in charge of the operation of the hospital.

The defendant is a person with occupational duties to use a credit card of a corporation for the victim in compliance with the purpose of use.

Nevertheless,

1. On January 2, 2013, the Defendant, using one bank credit card (D) in the name of the medical foundation B, which was paid at a pharmacy located in Jongno-gu Seoul Metropolitan Government for the purpose of carrying out the business of a legal entity, arbitrarily paid KRW 135,00,00 for the purchase of personal drugs by the Defendant, and used 2,742,780 in the aggregate over 24 occasions until June 6, 2014, as in attached Table 1 re-statement 1, as in the case of the crime committed by the Defendant, acquired the financial benefits equivalent to the above sum for personal purposes, and sustained property damage equivalent to the same amount for the victim.

2. On February 10, 2013, the Defendant, using one bank credit card (F) in the name of the medical foundation, which was paid from E to E in Dongjak-gu Seoul on February 10, 2013, used at will to pay 39,500 won for the purchase of personal goods of the Defendant, and used 186 times the sum of KRW 7,478,488, and 180 for personal purposes as shown in attached Table 2 of the daily list of crimes, as in March 31, 2014, the Defendant acquired financial benefits and incurred property damage equivalent to the same amount to the victim.

3. On April 11, 2014, the Defendant used 1,212,630 won in total over 16 occasions, as in the attached Table 3 re-written list 16 times until May 18, 2015, by paying 60,000 won for the personal purchase of goods by using one bank credit card (G) in the name of the medical foundation, which was paid from the labor-management agricultural and fishery products in Dongjak-gu Seoul Metropolitan Government as in 1.1.