특정경제범죄가중처벌등에관한법률위반(횡령)
A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
From April 4, 2007 to June 25, 2012, the Defendant, as the representative director of the medical corporation E Medical Foundation (hereinafter “E Medical Foundation”) located in Gyeyang-gu Incheon Metropolitan City, has overall control over all affairs, such as accounting management of the said Foundation.
1. Around March 2008, the Defendant: (a) established the “F” of the E Medical Foundation (i.e., total project cost of KRW 1,432,322,000, E Medical Foundation’s share of KRW 398,000,000; (b) obtained approval from Incheon Metropolitan City; and (c) opened the Agricultural Bank account (G) in the name of E Medical Foundation for the purpose of providing expenditures for the above National Treasury.
Since then, on December 19, 2008, the Defendant received from the E Medical Foundation a sum of KRW 2,00,000,000,000 from the Gyeyang-gu Incheon Metropolitan City, and from the Gyeyang-gu Office on December 31, 2008, the Defendant received KRW 445,793,000 on April 27, 2009, KRW 1,298,257,000 on April 27, 2009, and KRW 2,068,64,000 on February 324, 2010, respectively, for the purpose of the said money was strictly limited to the funds of the said National Treasury.
In order to use the above money for the fund for the operation of a foundation other than the above National Treasury's subsidy program, the Defendant embezzled the above money by arbitrarily using the total of KRW 810,00,000,000 for seven times from January 11, 2010, including the transfer of the money to another account under the name of the E Medical Foundation, from December 31, 2008 to another account under the name of the E Medical Foundation.
2. The Defendant opened an enterprise bank account (H, I), Yangyang Agricultural Bank account (J, K), and an OBS Savings Account (L) in the name of the medical foundation, and kept money in the said account for the purpose of managing the revenues and expenses of the E Medical Foundation for business purposes.
In this regard, the defendant is the housing construction cost under the name of the defendant's housing construction cost, which was built in 6 pages, such as Jung-gu Incheon Metropolitan City M, etc. around December 13, 2010.