특정경제범죄가중처벌등에관한법률위반(배임)등
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
An applicant for compensation shall be dismissed.
1. The following facts are acknowledged according to the evidence duly adopted and examined by this court.
(a) A medical corporation B is a medical corporation that establishes and operates a F Hospital in Chungcheongnam-gun E;
(hereinafter the above medical corporation is “the instant foundation,” and the above hospital is “the instant hospital.” (B)
The Foundation was operated by G, but the Defendant was in partnership with H, I, and was in office as a director (representative director) of the Foundation from March 28, 2012 to April 30, 2014.
C. At around 2014, the J signed a contract (Evidence No. 17 of the Evidence Record) with the content that the Defendant and the J take over the rights and obligations of the instant hospital from the Defendant, and that year.
4. 30. Since then, the instant hospital is operated.
On May 13, 2014, the corporate register concerning the Foundation in the instant case was completed on or around May 13, 2014, the registration of each change in the appointment of the director of K by the Defendant’s director and his wife, and thereafter K retired from office and the J was appointed as a director.
While the Defendant was in office as a director of the Foundation, the Defendant issued and delivered each bill listed in the attached Table 1 List of Crimes to L Co., Ltd. (hereinafter referred to as “L”) under the name of the Foundation.
(hereinafter referred to as "each bill" in accordance with the sequence in the attached list of crimes. (e)
From the M account (Account Number: N) in the name of the Foundation of this case, the Defendant transferred money from May 7, 2014 to the Defendant’s account, as shown in the attached Table 2, from May 7, 2014 to June 16 of the same month, after his resignation from the director of the Foundation of this case.
2. Summary of the facts charged in this case
A. The Defendant is in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation). The Defendant, as the representative director of the instant foundation of this case, is in violation of the said Act, despite the occupational duties that would not inflict any property damage on the corporation by bearing any debt unrelated to the corporation’s