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(영문) 창원지방법원진주지원 2020.10.22 2020고합84
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

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

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

Reasons

Punishment of the crime

A victim medical corporation B is entrusted with the operation of the "C Hospital" by the Gyeongnam-do, and the defendant was in office as the president of the victim from July 1, 201, and was engaged in general supervision over the financial management of the above hospital and the overall operation of the Foundation.

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes;

A. According to an entrustment contract of embezzlement C hospital equivalent to funds for purchasing real estate, revenues, such as medical expenses, shall be used for the operation of the above hospital, etc., and earned surplus shall be accumulated to re-investment in the maintenance, management, etc. of the above hospital

Although the Defendant was prohibited from using revenues generated from a hospital for any other purpose, he/she was prepared to establish a quasi-general hospital and was in need of funds to purchase real estate, and he/she was willing to arbitrarily use the funds of the victim.

While the Defendant received the victim’s income from transfer to the national bank account (D) in the name of the above hospital and kept it for business purposes, the Defendant instructed the head of the accounting office E to the said B office at the end of Jan. 2013, that the Defendant “I will lend the funds for the operation of the above hospital, as it is necessary to purchase real estate, to lend the funds for the operation of the above hospital at the end of the year.”

2. 1. Korean bank account in the name of the defendant, KRW 1.5 billion, and the same month;

6. The remittance of a total of KRW 1.8 billion, including KRW 30 million, was made, and then embezzled real estate purchase funds at that time.

B. After committing the crime, the Defendant was aware that the said E, etc. ought to pay KRW 1.8 billion for the reason of audit, etc., after having received a statement from the said E, etc., on the ground that he/she had to pay the said KRW 1.8 billion, and paid the victim totaling KRW 1.8 billion on December 27, 2013, KRW 30 billion on the same month, KRW 30 billion, and KRW 31.4 billion on the 31.4 billion on the same month.

Although the defendant is not allowed to use the assets of a corporation, such as revenue, for any other purpose, he/she borrows such assets from those who are above.

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