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(영문) 춘천지방법원 영월지원 2013.04.16 2013고단37
업무상횡령
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant has been engaged in the receipt and management of medical expenses of the above hospital while working as the staff in charge of care and management in the F Hospital operated by the victim E in Gwanak-gu in Seoul Special Metropolitan City.

Around January 7, 2011, the Defendant received a total of KRW 399,700 from patients in distress in name from the above hospital and kept in custody for the victim. At around that time, the Defendant spent the amount of KRW 73,175,070 in mind for personal use, such as entertainment expenses, from Japan in Seoul Special Metropolitan City, to July 9, 2012, and embezzled the amount of KRW 73,175,070 in total by the same method, such as the list of crimes in the attached list, from the place in Seoul Special Metropolitan City, to the day on which July 9, 2012.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of E;

1. Application of Acts and subordinate statutes to a criminal investigation report (Submission of additional data);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 356 and 355 (1) of the Criminal Act which choose a penalty;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Application of the sentencing guidelines [decision of types] Embezzlement and Misappropriation below KRW 100 million (special-sculed persons): The mitigated factors: the self-denunciation and significant damage are recovered (decision of the recommended area] the special mitigation area [decision of the recommended area] the special mitigation area (decision of the recommended area] from one month to ten months [decision of suspension of execution];

(a) Grounds for major participation: Unagreement, self-denunciation, or a case where a significant damage has been substantially recovered;

(b) Reasons for general participation: Cumulative crimes, clear social relationship, serious reflectivity, absence of a criminal record of suspension of execution or more, deposit of an amount equivalent thereto, partial damage recovery, and efforts to recover from serious damage;

2. Determination of sentence: 10 months of imprisonment and 2 years of suspended sentence are not less than those of the defendant, but the defendant paid 27,50,000 won to the victim as the name of embezzlement, deposited 47,50,000 won for the victim, and the defendant led to confession of the crime of this case and made his mistake.

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