beta
(영문) 대구지방법원 경주지원 2016.08.18 2016고단444

업무상횡령

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

From May 13, 2013 to March 21, 2016, the Defendant served in the E hospital accounting and general affairs operated by the victim D in racing C, etc., and has been engaged in the management of passbooks, customers with approval, and the settlement of accounts of revenues and expenditures of the hospital.

On April 12, 2014, the Defendant transferred KRW 10 million to the same bank account in the name of the Defendant from the corporate bank account opened in the name of the Defendant using the company’s office computer at the above E Hospital accounting office and office, and arranged the details as non-profit and loss transactions. At that time, the Defendant consumed it in the name of studio deposit, etc. in the name of the victim.

In addition, from March 26, 2014 to March 15, 2016, the Defendant, as indicated in the list of crimes, brought a total of KRW 105,597,090 on 60 occasions, in the course of carrying out business for the victim, by transferring it to the account or bringing cash in the treasury, and then consumed all of the Defendant as entertainment expenses around that time.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with respect to F;

1. Each labor contract, each E hospital work hours calculation statement, annual salary contract, 2013-2016 work ledger, wage statement from July 2013 to March 2016, and each account transaction statement, (A) separate account statement, import daily table, receipt statement, receipt statement from January 2014 to April 2015, each investigation report (a document attached to a suspect's name bank card transaction statement, a suspect's name bank transaction statement, a bank's transaction card connection account statement, a bank's payment card connection account statement, and the application of statutes governing the transaction of suspect-use card.

1. The reason for sentencing of the pertinent Article of the Criminal Act and Articles 356 and 355(1) of the Criminal Act regarding criminal facts (the choice of imprisonment) lies in the Defendant’s trust while taking charge of the victim’s accounting duties at the victim’s operating hospital.