A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is a “C Hospital” operated by the victim B from December 2, 2015 to May 31, 2018, who works as the chief of the prime office, and was in charge of administrative affairs such as hospital expenses receipt.

1. On April 5, 2016, the Defendant received double-paid benefits of KRW 1,552,640 from the Defendant’s corporate bank account (E) at a non-place on April 5, 2016 and embezzled the amount received from D at his/her own discretion without returning the money to the victim.

2. On June 17, 2016, the Defendant: (a) received cash payment of KRW 4,069,000 from F’s hospital expenses, which is the patient of the said hospital, at an infertility place around June 17, 2016; and (b) embezzled the said hospital expenses for the victim’s business without receiving them from the hospital; and (c) embezzled the said hospital expenses by arbitrarily consuming them as living expenses, etc.

3. On August 31, 2016, the Defendant: (a) received cash payment of KRW 5,133,300 from G hospital expenses, which is the patient of the said hospital, at an infinite place on August 31, 2016; and (b) embezzled the said hospital expenses by arbitrarily consuming them for living expenses, etc. without receiving the said hospital expenses from the hospital.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to police statements made to victims;

1. Relevant Articles 356 and 355 (1) of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The sentence shall be determined as ordered in consideration of all the conditions of sentencing, such as the content and amount of embezzlement, the reflectivity of the defendant, the age, character and conduct of the defendant, and circumstances after the crime, as stated in the grounds for sentencing under Article 62(1) of the Criminal Act;