배임수재등
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The Defendant is a medical person who serves as a medical specialist belonging to the E Hospital located in Daegu hydro-gu, and is engaged in the diagnosis and treatment of the patient at the above hospital, while F is the head of G Daegu-Gyeongbuk Business Headquarters Co., Ltd., Ltd.
1. On October 2010, the Defendant received 50,000,000 won in cash in return for the adoption of a medical device for spine operation in the above company, upon receiving an illegal solicitation from F to “I would like to use a medical device for spine surgery in the company G, I would like to reduce advance payment.”
As a result, the defendant acquired property in return for an illegal solicitation as to his duties as a person who administers another's business.
2. Around November 2011, the Defendant received an illegal solicitation from the foregoing hospital that “When using a medical device for spine surgery handled by G in a stock company G, he/she would make monthly settlement according to the sales and offer cash.” Accordingly, the Defendant received KRW 6,580,000 in return for adoption in proportion to the sales of the medical device for spine surgery in a stock company, which was used as alcohol.”
In addition, the Defendant received total of KRW 104,730,000 in cash over 21 times from the above date to June 2013, as shown in the list of crimes in the attached Table.
Accordingly, the Defendant, as a medical person, received economic benefits from a dealer of medical devices for the purpose of facilitating sales such as adoption of medical devices, and was engaged in the business of others, and acquired property in exchange for illegal solicitation in relation to his duties
Summary of Evidence
1. Partial statement of the defendant;
1. Each protocol concerning the examination of the accused by the prosecution;
1. A copy of each prosecutorial examination protocol against F and H, and a list of direct delivery of rebates;