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(영문) 부산지방법원 동부지원 2013.07.22 2013고정775

횡령등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

From April 12, 2010, the Defendant, along with the victim B, operated the “D” veterinary hospital on the third floor of the Busan metropolitan transportation Daegu C building, and divided the profits of the hospital equally. A

From April 12, 2010, the Defendant embezzled KRW 30 million using the CMA passbook to the CMA account in the name of the Defendant, after withdrawing KRW 30 million from the CMA account in the name of the victim who was in custody of the hospital revenues on June 10, 2010 while jointly operating the said hospital with the victim from around April 12, 2010.

Accordingly, the defendant embezzled 30 million won.

B. From July 2010 to October 2011, the Defendant, while operating the hospital, voluntarily used 17,801,682 won in total over 14 times from July 201 to October 201, as shown in the annexed Table 1 of the Crimes List 201, including the voluntary use of the remaining amount of KRW 989,490 from the actual cash sales, excluding the cash expenditure, to the public fund passbook.

Accordingly, the Defendant embezzled total KRW 17,801,682 as above.

C. From February 24, 2012 to July 31, 2012, the Defendant, through the revocation of the approval of a credit card, talked to the effect that “the Defendant would give approval by cash” to the needy customer who visited the said hospital to give up with a face-to-face treatment, and the said customer, who believed that he would give approval by credit card, was given approval of KRW 233,200 as the first medical treatment expenses, and then revoked approval by credit card, did not deposit the said cash into the public fund passbook even though he was given approval by credit card at that time, and did not deposit the said cash in the public fund passbook at that time, including the voluntary use at that time from that time until July 31, 2012, and did not deposit KRW 3,186,100 in total six times in the public fund passbook as shown in attached Table 2.