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(영문) 광주지방법원 2013.08.20 2013고단2429

업무상횡령

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

From April 3, 2009 to March 18, 2013, the Defendant has been engaged in patient counseling and receiving hospital expenses at “D Hospital” operated by the victim C in Seongbuk-gu, Seongbuk-gu, Sungnam-si.

On December 11, 2009, the Defendant received 50,000 won from the patient E who received the medical treatment from the above hospital and was in custody for the victim on his/her business. At that time, the Defendant spent the personal purpose, such as purchasing the home room in mind, etc.

In addition, from around that time to March 6, 2013, the Defendant consumed a total of KRW 162,515,000 over 383 times, as indicated in the attached list of crimes, and embezzled it.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to the embezzlement statement, the statement of passbook of the suspect bank, the copy of the suspect embezzlement account book, the suspect Korean bank, and the statement of transactions of the hospital each day;

1. Relevant legal provisions on criminal facts and Articles 356 and 355(1) of the Criminal Act’s reasoning for sentencing (elective choice of imprisonment) of the criminal law: (a) recognized that the Defendant was the initial offender and wrong; but (b) embezzled a large amount of money equivalent to KRW 16,2510,000 over several times, over the nearest period of four years; and (c) there was no particular damage recovery up to the present.