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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
The Defendant, from May 1, 2012 to September 2012, serving as the head of the planning office in the victim E and G hospital operated by the Gangnam-gu Seoul Metropolitan Government D D Building five floors, and is mainly engaged in the business of promoting the above hospital to the employees of the company and providing counseling and collection of surgery expenses.
Criminal facts
1. As above, the Defendant in occupational breach of trust shall determine the operating expenses within the scope of the operating expenses set by the victim who is the president, and shall not arbitrarily reduce or exempt the operating expenses.
Nevertheless, on May 25, 2012, the Defendant violated the above occupational duties and provided consultation with H, who is a patient, at the above hospital, and received KRW 1 million from the above H to the treatment securities account (I) account in the name of the patient himself/herself, after receiving the transfer of KRW 1,00,000 from the above H to the above He/she (the defendant) while providing consultation with the patient, at the above hospital on the same time. After receiving the transfer of KRW 1,00,000 from the above H, the Defendant reported to the above hospital as the outstanding amount, and had the above H perform the above He/she obtain profits equivalent to KRW 30,00,00,000, and caused the victims to obtain financial benefits equivalent to the reduced or exempted amount of each surgery, and caused damage equivalent to KRW 52,450,000,000 in total, as indicated in the attached list of crimes (1).
2. The Defendant’s occupational embezzlement: (a) arbitrarily set the operating expenses of the above H in the same manner as described in the foregoing paragraph (1) above; (b) was transferred to one million won in his name to the above treatment securities account (I); and (c) was kept in custody for the victims; (c) around that time, the Defendant arbitrarily consumed the victims from entertainment expenses, etc. in the vicinity of the above hospital, etc.; and (d) was in the same way 75 times in total as indicated in the attached list of crimes (2) and received KRW 81,350,000 from each patient for operating expenses in the same manner as indicated in the attached list of crimes (2).