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(영문) 광주지방법원 2021.03.25 2020고단5120
업무상횡령
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

From October 201 to March 2015, the Defendant worked as the chief of general affairs at the D Hospital located in Gwangju Mine-gu operated by the victim B from March 2011 to March 2015. From March 2015 to August 2015, the Defendant worked as the chief of general affairs in the Fvalescent Hospital located in Gwangju Mine-gu, the said victim’s operating from March 2015, and took overall charge of the management of the hospital’s personnel, purchase, salary, and accounting.

On August 1, 2012, the Defendant arbitrarily created a corporate bank passbook (Account Number G) in the name of “B (D hospital)” to repay his/her debts, purchase apartment houses, etc., and intended to embezzlement the money owned by the victim by depositing money owned by the victim with the said passbook into the account in the name of the Defendant after receiving the money owned by the victim from the said passbook or withdrawing cash.

On August 2, 2012, the Defendant transferred KRW 3,50,000 from the above D’s bank account in the name of “B” to the Internet banking account in the name of the Defendant’s bank account (Account Number H), and used it for personal purposes, such as living expenses, etc. from that time until June 30, 2015, and embezzled KRW 321,916,39 over 58 times, such as the attached list of crimes (1).

On November 6, 2012, the Defendant withdrawn 5,00,000 won in cash from the corporate bank account in the name of “B (DD hospital)” and used it for personal purposes, such as living expenses, and embezzled 157,480,000 won in cash and check over 100 times, such as the attached Table of Crimes (2).

As a result, the Defendant arbitrarily transferred or withdrawn the money owned by the said victim while on duty 158 times in total, KRW 479,396,399, and embezzled the money for personal use.

Summary of Evidence

1. Statement by the defendant in court;

1.Each police officer with respect to B.

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