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(영문) 서울중앙지방법원 2016.05.13 2015고단6669
업무상횡령
Text

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

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

Reasons

Punishment of the crime

The Defendant, as a doctor, operated the Victim F, who is a medical specialist, and from March 6, 2013 to August 6, 2014, “H sexual surgery” in G building in Gangnam-gu, Seoul, as a partnership business. The Defendant and the victim agreed to allocate the net profits after deducting all expenses from the hospital sales to the rate of 7:3. The hospital business capital transaction used the agricultural bank account under the name of the Defendant and the new bank account.

Around February 2014, the Defendant settled accounts with the victim regarding the sales amount of the hospital in 2013. However, since 2014, the Defendant used the Defendant’s management account in a state that he did not settle accounts with the victim, and used the Defendant’s monthly monthly income of KRW 1,155,000 for the Defendant’s personal accommodation in the Agricultural Cooperative Account around January 27, 2014, from that time as indicated in the list of crimes in the attached Table.

7. By December 25, 200, a total of KRW 14,427,326, monthly rate of KRW 8,085,00 for Defendant’s personal accommodation, KRW 2,177,320 for Defendant’s personal accommodation management expenses, KRW 9,185,00 for Defendant’s personal life insurance premium, KRW 32,20,00 for Defendant’s personal life insurance premium, KRW 1,859,580 for Defendant’s personal accommodation, and KRW 364,00 for the return of the above mother’s deposit for the above mother’s youth, including the payment of KRW 364,954,226 for the purpose of returning the above mother’s personal accommodation’s deposit.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness F, I, and J;

1. Each protocol of suspect interrogation of the accused by the prosecution (including the F and I statement);

1. Copy of the police statement made to A;

1. A contract for the same business, a detailed statement of each entry and withdrawal transaction, a detailed statement of account transactions, a statement of distribution by joint business operators, a contract on the production and establishment of a website, termination contract, internal document, F title case, Kakao Stockholm conversation, defense counsel.

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