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Reasons
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(영문) 서울서부지방법원 2015.11.25 2014고단3598
업무상횡령
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Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant, from February 201 to February 2013, 201, was in charge of funding withdrawal and document work at the G Care Center operated by the victim E on the third floor of the F-ground building in Seodaemun-gu Seoul Metropolitan Government. A.

On March 25, 2011, the Defendant received insurance money from the National Health Insurance Corporation from the said G Care Center, and transferred KRW 280,010 to the national bank account in the name of H, as if he/she paid medical care benefits to the victim E, while he/she was in business custody with the funds of the G Care Center for the victim E, and used it for personal purposes.

The Defendant, including that, from the time to June 25, 201, embezzled the sum of KRW 1,125,80,00 for four times during the course of business keeping the funds of the G Care Center for the victim E, as described in the [Attachment 1]-4 Nos. 1 to 4 of the List of Crimes (1).

B. Around April 25, 2011, the Defendant received insurance money from the National Health Insurance Service from the said G Care Center for the victim E, and paid medical care benefits to the same student during his/her business custody with the funds of the G Care Center, at will, as if he/she were paid medical care benefits, the Defendant’s “National Bank J (H)” stated in the new bank account in the I’s name No. 34 through 38 of the list of crimes committed on November 9, 2015, appears to be a simple clerical error.

Ro 486,00 won was remitted to be used for personal purposes.

The Defendant, including that, from October 25, 201 to October 25, 201, embezzled the sum of KRW 1,766,000 on five occasions while he/she kept the funds of G Care Center for the victim E in the course of performing his/her duties, as described in [Attachment 5-9] Nos. 5 to 9 of the List of Offenses (1).

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness E;

1. Legal statement of a witness I;

1. Entry of each part of the defendant and E in the suspect examination protocol against the defendant by the prosecution;

1. Details of transactions (one investigative record 133~186 pages) 1.

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