beta
Text
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
The Defendant is a dentist who, from October 10, 2012 to April 5, 2018, is working as an employee at the “D Council member” as defined in the Namdong-gu Incheon Metropolitan City B and C, and was in general in charge of the receipt of treatment, receipt, reporting of sales, purchase of goods, etc., and the victim E is a dentist who operates the said “D Council member.”
1. The Defendant, as an employee of “D”, has been delegated by the victim with the duties of managing the revenues and expenditures of the hospital, and has been engaged in the duties of managing the hospital’s finances, such as the payment of medical expenses, receipt table, and daily table preparation.
The Defendant, around November 19, 2013, received 70,000 won in cash from the patient F for medical expenses and kept in custody for the victim. The daily balance sheet is a clerical error in the amount of KRW 400,000,000 in cash.
“400,000 won” stated in the indictment as if he received the other 300,000 won is a clerical error of “300,000 won”.
A total of 141,196,300 won of medical expenses kept for the victim over 211 times from around that time to March 27, 2018, including the amount of voluntary consumption of household expenses, etc., was embezzled by means of personal use.
2. On November 23, 2017, the defrauded: (a) the Defendant’s mother, despite having received medical treatment from the victim, was engaged in performing as if he/she did not have the intent or ability to pay the medical expenses; and (b) had the victim pay the medical expenses by credit card; and (c) had the victim pay the medical expenses by paying the medical expenses by credit card; (d) in the treatment set and the daily table, the Defendant obtained pecuniary benefits equivalent to the same amount from November 19, 2015 to November 23, 2017 by means of false entry as if he/she paid the 1,840,000 won by credit card; and (e) made a false entry in the daily table as shown in the attached list of crimes (2).