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(영문) 대전지방법원 천안지원 2015.10.13 2015고단323
업무상횡령등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

[Basic Facts] The Defendant is the head of G Senior Citizens Specialized Care Center for the Aged (hereinafter “instant medical care center”) affiliated with the representative director and the head of G Senior Citizens Specialized Care Center (hereinafter “instant medical care center”) located in Dong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, and the Defendant has been engaged in overall management of the operation of the foundation and the medical care center and fund

【Criminal Facts】

1. In the case of the instant medical care center for occupational embezzlement, in accordance with an agreement with the inmates, after setting the amount under the name of “the preparation for food” apart from the monthly self-payment for each individual inmate, it was paid to the inmate in full to use it as meal expenses, such as purchasing food materials for the inmate.

Accordingly, around January 2, 2012, the Foundation received KRW 112,196 from H, who was admitted to the Foundation from January 2, 2012, and received KRW 70,427,94, a sum of KRW 35,000,00 from around 35,00 inmates, as shown in the attached crime list 1, until December 31, 2012, from around 35, the Foundation received KRW 32,832,630, out of the transferred money, to the account under the name of the Foundation (CFI). The Defendant embezzled KRW 37,595,364, which was used for the purchase of food materials for the remaining 37,59,630, out of the transferred money, and arbitrarily used the Defendant’s repayment of the money to the Foundation for private use, etc.

2. Violation of the Act on Long-Term Care Insurance for Fraud;

A. According to the Act on Long-Term Care Insurance for the Aged and Enforcement Rules of the same Act (hereinafter “relevant regulations”), in receiving long-term care benefits each month from the National Health Insurance Corporation (hereinafter “victim”) that is the victim, one caregiver per 2.5 can not be assigned to the so-called “necessary personnel” in the case of the instant medical care center due to false listing of caregivers, in accordance with the Act on Long-Term Care Insurance for the Aged and Enforcement Rules of the same Act (hereinafter “relevant regulations”).

The Defendant on October 3, 2011

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