beta
(영문) 부산지방법원 동부지원 2017.07.12 2016고정1054

재물은닉등

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

With respect to the operation of the K Nursing Center from February 2, 2009 to January 2015, 2015, the Defendant received a proposal from the complainant D to the operation of the K Nursing Center from January 2, 2015, and registered as a nursing staff center operator in the name of the Defendant, and was actually engaged in operation and fund management. In fact, the nursing staff center was an affiliated organization of the E-free meal facility operated by the complainant.

1. On June 2015, the Defendant: (a) was the owner of the nursing center’s room at a place where the location is unknown; and (b) was the owner of the nursing center’s room at the time of retirement from February 23, 2009 to January 31, 2015, at the time of retirement, the Defendant refused to return the money receipt and disbursement of the nursing center; (c) the deposit account in the name of the account number A (C Nursing Center) of the Korea Exchange Bank Account Account Number A (C Nursing Center); and (d) the receipt and disbursement of the money to the nursing center; and (c) the account book of the nursing applicant’s application from January 31, 2015, which was prepared and kept by the Defendant at the time of retirement

2. The Defendant, who was on duty for the above nursing center, embezzled the total amount of KRW 20,437,088,00,000,000,000,000,000,000,000,000,000 from the account passbook in the name of the account holder A (C Nursing Center) of the Korea Exchange Bank Account Number Bank Account (C Nursing Center) and KRW 10,437,08,00,00,000,000, which was withdrawn from the account passbook in the above address and place, without any justifiable reason even if requested by the complainant

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement made with D;

1. An investigation report (Submission of evidentiary materials) (the defendant asserts that the nursing center is a personal business entity that the defendant owned and operated solely by the defendant, but according to the evidence examined by this court, the nursing center was operated by the victim first.