A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

1. The Defendant engaged in the business with the victim D and jointly operated the “F Hospital” from March 201 to Busan Seo-gu, Busan, but there was a difference in opinions regarding the methods of operating the hospital around October 2015. On or around December 2015, the Defendant discussed the distribution of assets, the settlement of debts, etc. to terminate the business relationship.

However, while continuing the conflict of opinion and dispute with the victim, the defendant thought that there is a considerable difference between the hospital funds that the defendant and the victim used for personal purposes with the mutual consent of the other party in the course of operating the hospital, and that the defendant thought that there is a considerable difference between the hospital funds that the defendant used for the personal purposes, and that he would have used less than the victim, he had the intention to voluntarily consume the hospital funds in the amount of KRW

On February 3, 2016, the Defendant, without the consent of the victim, transferred KRW 200,000,000 to the national bank account (I) in the name of the Defendant under the name of the Defendant, a bank account in the name of the Defendant, a bank account in the name of the Defendant (H), a bank account in the name of the Defendant, a bank account in the name of the Defendant’s personal bank (H), and transferred KRW 197,150,963 from the above corporate bank account to the above national bank account (H) around February 4, 2016.

Accordingly, the Defendant embezzled the total amount of KRW 397,150,963, which is the joint ownership of the Defendant and the victim, by transferring it to the Defendant’s personal account and voluntarily consuming it to the Defendant’s personal account.

2. On May 31, 2016, at the above hospital around 19:52 on May 31, 2016, the Defendant, without the consent of the victim, ordered L to move the computer main body used by the above J to the Defendant’s medical room, where the said J keeps his/her employees’ employment contract and work list on the ground that the above J continued to work.

As a result, the defendant is forced to calculate the monthly salary of the above JJ's staff and to disburse public funds.