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A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Punishment of the crime
1. The Defendant is a person who, from July 30, 2015 to June 26, 2017, works in the hospital operated by the injured party C in the Gwangju Mine-gu, and from June 27, 2017 to April 6, 2018 at the Franchisium operated by the injured party in the Gwangju Mine-gu, Gwangju Mine-gu, the head of the original division, while working in the Franchisium operated by the injured party in the Gwangju Mine-gu, the Defendant was engaged in the fund management and administrative affairs of the above D Hospital and F Chinese Council members.
On September 1, 2016, the Defendant arbitrarily transferred 20,000,000 won from the H bank account (Account Number I) in the name of the Defendant in the name of the victim in which medical expenses, etc. for patients are deposited at the D Hospital Office in Gwangju Mine-gu, Gwangju, to the account in the name of the victim, and embezzled by consuming the Defendant’s card payment, living expenses, etc. for personal purposes, such as payment of the Defendant’s card payment, living expenses, etc. around that time. From September 1, 2016 to April 6, 2018, the Defendant embezzled 44,301,50 won in total from the victim’s above corporate bank account in the name of the victim from September 1, 2016 to the account in the name of the Defendant, and embezzled for personal purposes, such as the Defendant’s card payment, personal debt, living expenses, etc.
Accordingly, the defendant embezzleds the property of the victim who has been kept in business.
2. Around April 27, 2017, the fraud Defendant stated that “a marriage fund, such as apartment purchase and interior cost, is required. If the Defendant borrowed KRW 50 million, he/she will complete payment as her mother will lend the same.”
However, around that time, the Defendant had already embezzled the amount equivalent to KRW 255 million from the above corporate bank account of the victim, and had no intent or ability to repay the borrowed money from the victim, to conceal the fact that the Defendant embezzled the victim’s money, part of the amount was deposited into the above corporate bank account of the victim, and was planned to use it for the purpose of paying the hospital employees’ benefits.
The defendant deceivings the victim as above.