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(영문) 광주지방법원 목포지원 2013.03.21 2013고단331
업무상횡령
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

From August 1, 2003 to December 31, 2012, the Defendant was engaged in affairs related to the disbursement of funds of the said hospital as the head of the general affairs team of the Dental Institute E Hospital of the school foundation, the victim of which is the victim of the instant hospital (hereinafter referred to as “a hospital”).

1. Of the monthly installment savings deposits, the Defendant: (a) committed a business embezzlement related to KRW 24.7 million on the day, using the authority to directly prepare an application for deposit of the remittance and remittance within the scope of the monthly deposit, while he/she was in charge of the business related to the disbursement of the said hospital in the form of withdrawing the money deposited in the name of a juristic person with the seal of the head of the original department of the said hospital affixed on the application for withdrawal of the Gwangju bank account in the name of the said hospital to collect the total amount of disbursement according to the disbursement of the said hospital approved on the day; and (b) used the authority to directly prepare an application for deposit of the remittance and remittance within the scope of the monthly deposit amount.

Accordingly, the Defendant, at the lower branch of the Gwangju Bank located in Sinpo-si on February 29, 2012, transferred 2,593,000 won to the “F” account under the name of the said hospital for the victim, and subsequently appropriated it as an installment savings deposit paid monthly by the said hospital, and then, during the course of the business custody of the said hospital for the victim, he arbitrarily used 192,97,530 won, among the money paid on the same day as indicated in the attached Table 1, until November 30, 2012, transferred 192,97,530 won, among the money paid on the same day, to the Defendant and his wife account in the name of the said hospital, and embezzled 46,270,70,700 won to the Defendant’s account, such as the attached Table 2, and embezzled 46,70,700,70,700 won to the Defendant’s account of private school pension as indicated in the attached Table 2.

2. The Defendant’s occupational embezzlement with respect to the refund of installment savings at maturity, on December 31, 2012.

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