A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

The defendant is a medical corporation located in Dongjak-gu Seoul Metropolitan Government D and has been in charge of overall administrative affairs of a hospital while working as the head of the department of the F Hospital affiliated with the E Medical Foundation.

On July 2009, the Defendant received a request from the victim G and H to pay in advance the down payment necessary for the above parking lot lease contract at the above F Hospital’s above hospital parking lot and accepted the request to allow the lessee to enter into the above parking lot lease contract at the end of the lease period.

On July 28, 2009, the Defendant received KRW 200 million from the victim G to the company bank account (Account Number: I) in the name of the Defendant under the pretext of down payment or advance payment of the above parking lot lease contract, and embezzled it for the victim from around that time to August 2009 by using the Defendant’s debt repayment, etc. in Seoul Nowon Won to the victim’s custody.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness J, G and H;

1. Each part of the protocol of examination of the accused by the prosecution against the accused (including the part in which each statement is written in J and G);

1. Partial statements of each police interrogation protocol against the accused;

1. Each police statement to J and K;

1. A written statement of G and J;

1. Partial descriptions of the defendant's factual confirmation;

1. A copy of a receipt, passbook receipt, receipt, payment note, agricultural transaction statement, certificate of family relation, etc., parking lot entrusted management contract, account transaction statement, investigation report, list of passbook transactions, passbook copy, copy of passbook transaction (G), statement of transaction in ordinary deposits (G), investigation report (voluntary submission of documents, etc. by the complainant), lease contract, F Hospital deposit and withdrawal statement, statement of deposit in free savings deposit, statement of transaction in free savings, and record;

1. Application of Acts and subordinate statutes to the complaint and reason for complaint;

1. The grounds for sentencing under Article 355(1) of the Criminal Act for criminal facts are as follows.