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(영문) 창원지방법원 진주지원 2013.12.13 2012고합101
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

A defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

Punishment of the crime

"2012 Gohap101"

1. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) is a person who works as the secretariat of the F Hospital where the victim E in Kimhae-si works as the president from October 201 to July 201, and has overall control over the accounting affairs such as the fund management of the above hospital.

On October 26, 2010, the Defendant transferred the same amount of KRW 4,310,000, which was deposited in the bank account (G) in the name of the victim E used at the above hospital, to the bank account in the name of the above hospital for the above hospital, and used it for personal purposes on October 29, 2010.

In addition, the Defendant embezzled the total amount of KRW 593,709,139 by means of the foregoing 46 times, as indicated in the attached list of crimes (1) during the period from around that time to July 29, 2011.

B. On January 5, 2011, the Defendant purchased a business bank’s corporate bank BC card with the said hospital’s corporate bank BC card and stored in the business for the said hospital. Around that time, the Defendant commercialized it from a day in Kimhae-si and used it for an individual purpose.

In addition, the Defendant embezzled the sum of KRW 242,00,000 by the aforementioned method 34 times, as indicated in the List of Crimes (2) between around that time and June 28, 2011.

The Defendant embezzled KRW 835,709,139 in the above manner by consuming it for personal purposes while he/she was in custody for the above hospital.

2. Fraud;

A. On April 19, 201, the Defendant made a false statement to the victim I who is an employee of the hospital at the above hospital that “I would make payment by the end of April 2011, if I lend five million won to the victim I who is an employee of the hospital.”

However, in order to repay the personal debt of KRW 350 million, the defendant at the time, such as embezzlement of hospital funds, as described in the above paragraph 1, is economical.

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