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(영문) 부산지방법원 서부지원 2018.08.22 2017고단2108

업무상횡령

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

From September 1995 to August 24, 2017, the Defendant is a person in charge of collection of medical expenses, management of financial resources, and refund while working as an employee of the department of the department of the hospital located in the Seo-gu Busan Metropolitan City from around September 24, 1995.

In the event that part of the hospital expenses already paid to the patients should be refunded to the patients due to the reduction of their own charges, such as the conversion into insurance during general treatment or the change of the rate of medical insurance benefits, etc., the Defendant thought that some of the patients did not visit the hospital or not contact the hospital, using the negligence of the management of the ticket for the withdrawal of the refund of the above hospital, and instead did not return it to the patients for personal use.

At around February 11, 2011, the Defendant embezzled KRW 78,949,790, total sum of 96 times from October 12, 2016 to October 12, 2016, by using an electronic device that has been in custody of the money to be refunded to the victim E, who is a patient who received treatment at the above hospital, for the purpose of personal use, such as reimbursement of debt, etc., by accessing the electronic ledger to the electronic ledger system.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, G, H, and I;

1. Application of Acts and subordinate statutes to the current status of investigation reports, additional investigation reports, the total status of patients with other Class III, the details of entry and withdrawal made up of No. A, the current status of the investigation reports (report on submission of relevant data), and the current status of

1. Relevant provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the selection of criminal facts;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Type 1 (less than 100 million won) basic area (from April to April) of the sentencing criteria; and

2. Sentence;