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(영문) 전주지방법원 군산지원 2019.11.20 2019고정159

횡령

Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who has served as the chief of the general affairs division of the victim B medical foundation C convalescent, and a person who keeps the property of the victim while performing fund management and execution affairs, such as the calculation of benefits, labor contracts, accounting affairs of the hospital

1. On April 15, 2017, the Defendant: (a) obtained a D’s passbook that was kept and managed by the general affairs department office of the above hospital; (b) voluntarily withdrawn KRW 1,087,00 from the said D E account on April 7, 2017; (c) deposited the sum of KRW 1,087,00 from the said D E account to the G bank account under the name of the Defendant (H) on April 14, 2017; and (d) embezzled by using the 8 million amount to the creditor’s personal liability against the Defendant on June 2017. < Amended by Presidential Decree No. 27948, Apr. 14, 2017>

2. On April 19, 2017, the Defendant in breach of occupational trust ordered the Defendant to install Samsung Laborpt North Korea and Samsung Friman in the Gyeongsan-si K apartment L, the Defendant’s residence, by phoneing to the JJ trading with the above hospital.

4. 22. In the above apartment, the above apartment received Samsung N&M and F&L equivalent to the above 1,804,000 won from J, and the payment was made with the corporate card of the victim hospital.

As a result, the Defendant purchased Nowon-gu and Friend equivalent to KRW 1,804,00 for personal use with the corporate card of the hospital, thereby acquiring property benefits and causing the loss equivalent to the same amount to the victim hospital.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness M, N,O, P, and Q;

1. Examination protocol of the accused by prosecution;

1. Each police statement of M, N, and Q;

1. Investigation reports (the photographing of credit cooperatives in a long-term care hospital and the counter investigation of shop owners), each specification of transactions, copies of passbooks, corporate cards, card-use records, and details of deposit transactions in Acts and subordinate statutes;