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(영문) 인천지방법원 2014.05.28 2013고합847
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who became a member of the F Medical Foundation (hereinafter “F Hospital”) from around 1982 and served as the head of the F Hospital Accounting Team, etc., and works as the head of the F Hospital’s general affairs department.

2. The establishment of H Co., Ltd. (hereinafter “H”) and the establishment of a non-financial institution for raising funds to H around April 2001, the F Hospital established a legal entity, which is H, and had it take charge of the cleaning of hospital facilities and the management of parking lots directly managed by the hospital, the Defendant registered I, one’s head, as the representative director and shareholders (50% of shares) in the name of H, and registered I, one’s own Dong J, etc. as a shareholder in the name of the company, and registered K, as a director and a nominal shareholder (40% of shares), and had K manage the business of cleaning and parking lot operation of F Hospital. The Defendant employed L, who was an employee of F Hospital’s accounting team, as the head of F Hospital’s management team, and managed H’s funds in fact through L.

From January 2003 to October 2012, the Defendant transferred the amount of KRW 4 million per month from the new bank account under the name of the representative director who does not actually work in H to the new bank account in the name of the name of the president who does not actually work in H. From January 2003 to October 2012, the Defendant did not deposit the amount of KRW 4 million per month out of the cash collection amount of parking expenses for the parking lot in the F Hospital, and deposited the amount of KRW 603,80,708 in the above I’s account into the above I’s account. The Defendant paid dividends to shareholders in the name of K, etc. to the old account, and then returned the amount of dividends to the above I’s account again (the amount of KRW 1,603,880,70, 1965,720, I’s retirement pay 5,047,2047, 207, 3081, 307, 407, 147.7

3. The Defendant’s embezzlement of the H’s non-fund funds is engaged in business with H’s extra funds from the I’s account.

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