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(영문) 부산지방법원 2016.12.23 2016고합716

배임증재

Text

Defendant

A shall be punished by a fine for negligence of KRW 3,500,000, and by a fine of KRW 9,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

[Status of Defendant A is a person who worked as a vice-president of the branch in Busan, while Defendant A is a person who had worked as a vice-president of the F from April 2008 to October 31, 2015 as a person who had performed medicine wholesale and retail business from May 2009 to March 2013 (hereinafter referred to as “E-drugs”); Defendant B is a person who had worked as a vice-president of the F from around April 2008; and H is a person who, from around March 2010 to around October 31, 2015, performed the duties of selecting and determining medicines for treatment after diagnosing an infant patient who was found in the above hospital for treatment of leuk diseases.

【Criminal Facts】

1. From September 2012 to October 1, 2012 of the same year, Defendant A made an illegal solicitation to the effect that, at the H professor’s laboratory located in G Hospital located in Busan metropolitan Daegu, Defendant A prescribed the J, which is an antibiotic product manufactured in the EM, to the H professor, and provided KRW 10,000,000 in cash in return.

2. Defendant B

A. On January 2015, the Defendant received 1,750,000 won in cash from K in return for accepting the solicitation, on the following grounds: (a) the Defendant received an illegal solicitation from K from the business employees of the Emban medicine, to the effect that “I would be able to purchase L, M, etc., which is a low-scar company’s affiliate company S, and deliver medicines to G Hospital,” and (b) would pay 15% of the sales proceeds separately.

In addition, the Defendant received 1,860,000 won from that time until February 2016, around March 2015, and 1,60,000 won around May 2015, and 1,100,000 won around July 2015, and 1,150,000 won around September 2015, and 1,740,000 won around September 2015, and received 1,740,000 won in total as rebates, and 1,750,000 won around February 2016.

B. Around June 2013, the Defendant issued a breach of trust in the H professor’s laboratory located in G Hospital, and the H professor’s “I” is a medicine supplied by the F.