(영문) 광주지방법원 2017.09.19 2016노4276



The defendant's appeal is dismissed.


1. The F employee G’s statement that the Defendant provided money to the Defendant with the summary of the grounds for appeal is not consistent, and it is not reliable. The F drug sales that the Defendant prescribed falls short of the agreement asserted by G, so that the Defendant did not receive money from G.

2. According to the evidence duly adopted and examined by the lower court, the following circumstances can be acknowledged.

① During the six months from July 201 to December 2, 2011 of the same year, G agreed to sell the medicine “J” in the amount of KRW 6 million per month in total. From October 201 to March 2012, G agreed to sell the medicine in the amount of KRW 500,000 per month for six months, and paid KRW 60,000,000 per month around July 201 and around November 201, respectively. < Amended by Presidential Decree No. 23293, Oct. 1, 2011; Presidential Decree No. 23290, Nov. 2, 201; Presidential Decree No. 23265, Jul. 3, 2011>

The defendant, after visiting the hospital of the defendant, visited the hospital of the defendant, sent to the defendant a policy of this month.

At the same time, the defendant made a statement to the effect that when a white bag containing cash was put above the book, the defendant put the envelope into the shoulder.

② The Defendant prescribed F medicine in KRW 36,497,871, and KRW 39,80,646, 2012, KRW 13,508,516, and KRW 13,508,516, and KRW 23,152,065, KRW 25,450,701, KRW 26,451, and KRW 26,451,73, KRW 2012, KRW 2013, KRW 2011, KRW 451, KRW 73, KRW 2013, KRW 8,215,01, and KRW 1,456,950 from July 201 to December 31, 201, and KRW 208, KRW 97,019, KRW 198,00.

③ At the lower court’s court, G stated that the Defendant’s hospital should recover money if it falls short of the agreed sales. The Defendant’s hospital was subject to review on restitution.

In light of these circumstances, G relatively specific and consistent statements about the contents and methods of providing the money provided, and the Defendant is F. of the amount equivalent to approximately KRW 40 million in 201 and 2012 around the time of receiving the money.