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(영문) 제주지방법원 2012.11.28 2012고단1150

업무상횡령등

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

From January 2004 to May 23, 2012, the Defendant, while working in the E original team established by the victim medical corporation C (president D) from around January 2004, kept for the victim the expenses received from the patients who promised to receive medical treatment by being in charge of the receipt of pre-contracts, receipt of medical expenses, cancellation of pre-contracts, and refund duties through the electronic medical records (EMR) system used by the above hospital, while engaging in the business of protecting the victim for the victim the expenses received from the patients who promised to receive medical treatment. However, the Defendant drafted the electronic medical record system, as stated above, with the intention to arbitrarily cancel the pre-contracts for the patients who did not enter the hospital for a long time after the pre-contracts for medical treatment, and refund the received medical expenses, and then embezzled the amount of the relevant medical expenses.

1. Accordingly, according to the electromagnetic records, etc., the Defendant: (a) around January 4, 2010; (b) around July 6, 2009, at the principal team office of the above hospital located in Jeju, the Defendant agreed to provide outpatient medical treatment at the above hospital; and (c) around July 6, 2009, at the patient G, who prepaid KRW 5,500, the aforementioned medical treatment contract was revoked and received; (d) notwithstanding the absence of any fact that the medical expenses received were refunded, the Defendant revoked the pre-contract with the above medical record system and treated the patient G as if the pre-contract was refunded the medical expenses.

The Defendant, as indicated in the attached list of crimes, included that, from around that time to April 10, 2012, entered the electronic medical record system, which is the victim’s prior record of rights and obligations, with the intent to conduct administrative affairs over a total of 9,052 occasions by the aforementioned method, and used the electronic medical record system by storing and keeping it at the same place.

2. Around January 4, 2010, the Defendant: (a) around the same day, at the original team office of the above hospital, revoked the pre-contract with the patient G in the same manner as the pre-written in the preceding paragraph; and (b) treats the patient G as if the pre-paid medical expenses were refunded to him; and (c) treats the victim as if the pre