Defendant

A shall be punished by imprisonment for eight months.

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

Punishment of the crime

In the process of establishing a victim medical corporation L medical foundation (hereinafter referred to as "victim foundation", and in the case of only the foundation, hereinafter referred to as "the Foundation of this case"), the director M donated the amount of KRW 250 million establishment fund to the victim foundation, which is a non-profit foundation, so the interest and dividend therefrom shall not be paid.

Nevertheless, Defendant A, as the chief director of the Victim Foundation, has an occupational duty not to use the funds of the Foundation in violation of the purpose of its establishment. However, from February 28, 2011 to June 29, 2012, Defendant A transferred KRW 250 million to the national bank account (O) in M from the National Bank account of the Victim Foundation from February 28, 201, to June 29, 2012, the sum of KRW 40 million per month on 16 occasions each month, under the name of interest for KRW 250 million. M obtained property profits and suffered damage equivalent to the same amount to the Victim Foundation.

Summary of Evidence

1. The defendant A's partial statement

1. Each legal statement of the witness P and M;

1. Application of Acts and subordinate statutes to investigation reports (verification of interest amount on M), investigation reports (Attachment of account details received from M interest);

1. Articles 356 and 355 (2) of the Criminal Act and the choice of imprisonment with prison labor for the crime;

1. Determination as to the assertion by the Defendant A and the defense counsel under Article 62(1) of the Criminal Act

1. The monthly money of KRW 2.5 million, total of KRW 40 million, which was paid to M in the summary of the assertion, was paid to M as the intention of Q convalescent Hospital (hereinafter “instant hospital”) and provided advice on the operation of the hospital, etc., and was paid as the salary for the role of the director by resolution of the board of directors.

M was involved in the procedures for the establishment of a victim foundation, such as hospital takeover work and the preparation of basic property from the time of establishment of a foundation as an interest director.

Therefore, the above money is not paid as interest on the borrowed money or dividends on investment, and even if so, Defendant A is above KRW 100 million to the injured foundation.