배임수재등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
345,500,000 won shall be additionally collected from the defendant.
1. Summary of grounds for appeal;
A. In relation to the receipt of property in breach of trust and violation of the Medical Service Act as stated in Article 2 of the judgment of the court below, the defendant received money from T, but it is merely a receipt of money from T as a repayment of debt from T which he has acquired the obligation to the defendant. The defendant did not receive an illegal request from T and did not promise to pay. Therefore, the judgment below convicting him of this part of the facts charged is erroneous in the misapprehension of facts.
Even if it is found to be guilty of the violation of trust and violation of the Medical Service Act as stated in Paragraph 2 of the judgment of the court below, the No. 1 of the attached Table 2 of the judgment of the court below shall be calculated as KRW 127,127,800 as the defendant received the bill from T, and the bill was scheduled to return the discount of the bill and the difference at the beginning. In fact, in the process of discount of the bill, the amount of the bill was required to be discounted to T, and the defendant returned KRW 20 million to T, so the amount of the bill shall be calculated as KRW 127,127,80,000, not KRW 1200,000.
As such, the amount of property in breach of trust should be reduced so that the amount of collection against the defendant should be reduced (the defendant and his/her defense counsel asserted it after the lapse of the period for filing an appeal, and thus does not fall under legitimate grounds for appeal, but are urged to make ex officio decisions). [In the statement of reasons for filing an appeal for correction of the person on March 19, 2018 and the reasons for appeal withdrawn on April 4, 2018, the defendant and his/her defense counsel stated in paragraph (1) of the facts charged and paragraph (3) of the facts charged in paragraph (1) of the facts charged, and the defense counsel of the defendant of KRW 116,72,00 recognized by the defendant in April 9, 2018, stated to the effect that the amount of KRW 116,722,00 recognized as personal use by the defendant cannot be specified in the list of crimes in the attached Form of the judgment of the court below. However, if the defendant asserts the same amount in the court below, this shall be considered.