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(영문) 서울북부지방법원 2017.04.21 2016고합514

변호사법위반등

Text

1. Defendant A’s imprisonment with prison labor for two years and six months, Defendant B, and Defendant F are punished by a fine of five million won, and Defendant C is punished by imprisonment with prison labor for seven years and a fine.

Reasons

Punishment of the crime

"2016 Gohap 514" and "F part of defendant F in 2016 Gohap 563"

1. Crimes related to the violation of criminal justice by Defendant A, Defendant B, and Defendant F

A. Defendant A’s sole crime committed by Defendant A would allow the employees and representatives in charge of the business of Q&A, which is a solar-powered facility company in the middle half of 2012, to enter into a contract with the National Health Insurance Corporation upon request of those who work well at the National Health Insurance Corporation.

In order to conclude multiple contracts, the company was granted a business authority by the said company to the effect that “if the contract is awarded, 8 to 10% of the amount received as the price for the contract shall be paid as the business fee.”

Defendant

A, upon request from C, ordered the said company to conclude a contract on the number of “R” awarded by the Daegu Regional Headquarters of National Health Insurance Corporation, and received KRW 4,870,580 from the said company around July 5, 2012 at the T office located in Seocho-gu Seoul Metropolitan Government S Building 201, and received KRW 4,870,580 from the said company. From around the above day to September 30, 2016 by the said method, five companies, such as Qu Co., Ltd., issued KRW 409,210,070, respectively, in return for 17 contracts ordered by the National Health Insurance Corporation from around the above day to September 30, 2016.

B. Defendant A and Defendant B’s joint crime would allow employees and representatives in charge of U’s business affairs of U.S., a corporation that is a business entity for the first half of half of 2012 to conclude contracts with the National Health Insurance Corporation upon request of those who work well at the National Health Insurance Corporation.

If a number of contracts are awarded, a proposal was made to the effect that “10-15% of the received amount will be paid as sales commission,” and a proposal was made to the employees and representatives in charge of the business affairs of corporation V, a company with the first radius, and the above purport, and received business license from each of the above companies.

Defendant

A shall accordingly.