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(영문) 청주지방법원 충주지원 2013.11.08 2013고단356

업무상횡령

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

From July 25, 2011 to April 27, 2012, the Defendant engaged in the receipt of medical expenses from the victim D, who was in the Chungcheong City C, in the Esanian operated by the victim D.

1. Around September 17, 2011, the Defendant received KRW 19,900 from F, a hospital customer, in cash, from the said father and the Defendant kept the same for personal purposes, such as living expenses, etc., from around September 17, 201 to April 25, 201, the Defendant was using KRW 14,490,600 in total by the same method, as shown in the attached Table 1, in total, 367 times from around September 17, 201 to April 25, 201.

2. Around October 5, 2011, the Defendant received 32,600 won medical expenses from the nameless customers who completed the medical treatment in cash (issuance of cash receipts) from the said father and the said father and the Defendant kept them for business purposes. The Defendant used 2,538,700 won in total by the same method 30 times from October 5, 201 to April 24, 2012, including using the details of receipt for personal purposes, such as living expenses, etc. around that time, by means of not entering them in the daily receipt book, and used them for personal purposes, such as living expenses.

3. Around October 1, 2011, the Defendant received 371,600 won of medical expenses unpaid on credit from G, who is the said father and the customer, in cash and kept it for the personal purpose, such as living expenses, by failing to enter the details of receipt in the daily collection account book, and used the details of receipt for personal purposes, such as living expenses, around that time, and from October 1, 201 to January 26, 201, the Defendant used 97,100 won by the same method over 11 times in total as shown in attached Table 3, as shown in attached Table 3.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecution of each part of the defendant.