(영문) 창원지방법원 마산지원 2015.10.07 2015고단516

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 마산지원 2015.10.07 2015고단516

업무상횡령

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

From March 19, 2013 to April 17, 2014, the Defendant served as an assistant nurse at the “E hospital operated by the victim D” in Changwon-si, Changwon-si, Changwon-si, and took charge of the receipt of internal patients and receipt of medical expenses.

On September 2, 2013, the Defendant: (a) received an amount equivalent to KRW 18,900 of the medical expenses from the patient F in cash from the patient F at the above hospital; and (b) embezzled the sum of KRW 19,159,510 of the cash payment expenses in the same way from around 1,794 to April 15, 2014, when the patient F entered the medical expenses as if the patient F were to pay with credit card, and subsequently, in calculating the cash payment expenses on the day, the patient F was omitted; (c) was arbitrarily used for private purposes at that time; and (d) embezzled the sum of KRW 19,159,510 of the cash payment expenses by the same method from around

Summary of Evidence

1. Each legal statement of witness D, G, H and I;

1. The second protocol of interrogation of the accused prepared by the prosecutor, which contains some statements;

1. Statement of H in the first interrogation protocol of the accused prepared by the prosecutor;

1. Each written statement of D, G, and I prepared by the police;

1. Application of hospital books, credit card sales slip Acts and subordinate statutes;

1. The grounds for sentencing [the scope of recommending punishment] [the grounds for sentencing under Articles 356 and 355(1) of the Criminal Act [the scope of recommending punishment] [the grounds for sentencing] under Type 1 (4 to 14 months] [the decision of sentencing] (the amount of damage in this case, the period and frequency of crimes, the agreement with the victim or the damage has not been recovered] six months (the decision of sentencing shall be made in consideration of the amount of damage in this case, the period and frequency of crimes, the agreement with the victim or the fact that the defendant has not been recovered, and the defendant denies his/her criminal act. However, the sentence shall be made in consideration of the fact that the defendant has no criminal record and the age of

참조조문

-형법 제355조 제1항

-형법 제356조

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