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(영문) 서울중앙지방법원 2019.08.23 2015가단5017886

손해배상(기)

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

The plaintiffs are willing to jointly operate the "Esan Women's Medical Center" (hereinafter referred to as the "instant hospital") in the Guri-si D.

From March 2, 2005 to December 4, 2014, the Defendant served as a nurse at the instant hospital and was in charge of receiving medical expenses and receiving consultation for patients.

On February 11, 2016, the Defendant was indicted for occupational embezzlement in the case No. 2016Kadan341, the judgment below held that “In the course of the Defendant’s receipt of medical expenses at the instant hospital in cash, the Defendant entered the completion of the medical expenses by means of a credit card and embezzled the total of KRW 107,046,10 in total on 267 occasions from October 11, 2009 to September 26, 2013, when the Defendant received the medical expenses from the customer’s payment of the expenses, and then embezzled the total of KRW 107,046,10 in a way that he/she arbitrarily uses the cash.”

(2) The lower court held that the Defendant was guilty of all the facts charged on August 10, 201, and sentenced the Defendant to imprisonment with prison labor for one year on the following grounds: (a) during the trial of the first instance; (b) it was permitted to amend the indictment to the effect that “the Defendant embezzled KRW 208,266,590 on a total of 640 occasions from June 4, 2009 to December 18, 2013.”

The Defendant appealed against this and filed an appeal, and the amount of embezzlement stated in the facts charged has been reduced to KRW 207,686,100 due to changes in the indictment while the appellate court was pending in the case No. 2017No2407, the appellate court, and thereafter, the appellate court may recognize the fact that the Defendant embezzled the sum of KRW 54,478,90 on February 12, 2019 to October 15, 2019, and the evidence submitted by the prosecutor alone is insufficient to recognize that the amount of embezzlement exceeds the above amount, and reversed the judgment of the first instance, and the Defendant was sentenced to a suspended sentence of imprisonment for up to two years for the Defendant.”