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(영문) 인천지방법원 2012.09.20 2011고합824

특정경제범죄가중처벌등에관한법률위반(횡령)

Text

A defendant shall be punished by imprisonment for two years.

An application filed by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

From July 1, 1999 to January 28, 201, the Defendant served as a director of the victim medical corporation D, and from April 1, 200 to September 30, 2002, from October 1, 2002 to June 30, 2005, the head of the administrative office, from July 1, 2005 to December 31, 2007, from January 1, 2008 to April 30, 208, from May 1, 2008 to October 31, 2008.

1. On January 10, 2006, the Defendant, while working on behalf of the victim at the office of the Seo-gu Incheon Ha Hospital, he was found to have served as the head of the D Secretariat, he embezzled KRW 138,81,730 in total by means of the same 34 times as indicated in the attached Table of Crimes (1) from around 2008 to October 10, 2008, after falsely registering the amount of KRW 4,060,740 in the employee list and the benefit ledger as if I served as the head of the D Secretariat, and then voluntarily consumed the amount of KRW 4,060,730 in the employee list and the benefit ledger as I served.

2. On July 2, 2008, the Defendant withdrawn KRW 41,000,000 from the time when he/she kept the revenues of the He/she hospital’s comprehensive examination center in the account in the name of the Defendant for the victim’s personal use at the office of H hospital office, and voluntarily consumed them for personal use.

[Attachment 261] 3. On December 30, 2005, the Defendant embezzled KRW 10,500,000 by arbitrarily paying KRW 35,00 by the same method, as shown in the List of Crimes (3), from October 31, 2008, while keeping the revenues of H Hospital at the office of H Hospital for the victim, with the fire insurance premium for the building in Seo-gu Incheon, Incheon, which is owned by the Defendant’s wife I, for the victim.

4. On April 28, 2006, the Defendant: (a) while keeping the revenues of H Hospital for the victim on his duty, performed the repair work on the first floor of the J building owned by I; (b) KRW 2 million for the construction cost; (c) KRW 5 million on May 12, 2006; and (d) KRW 61 million on June 21, 2006.