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(영문) 창원지방법원 마산지원 2014.12.17 2014고합47

배임수재등

Text

Defendant

A Imprisonment for three years, Defendant B’s imprisonment for two years and six months and fine for 5,200,000, and Defendant C for six months.

Reasons

Criminal facts

[2014Gohap47]

1. On January 3, 2001, Defendant A obtained the establishment permission of the medical corporation I medical foundation on the part of January 3, 2001, and registered the Defendant’s head as the president and the Defendant’s wife as the vice president, and thereafter, Defendant A operates a X hospital as the actual president of the above foundation.

At the time of permission for establishment, the medical corporation's I medical foundation started with 3.3 billion won in total amount, 10.6 billion won in total amount, and 3.20 billion won in total amount, but its capital has decreased each year, and its liabilities have increased rapidly, and its liabilities have decreased rapidly and 2.2 billion won in total amount, and 5.8 billion won in total amount, and its financial structure has deteriorated significantly at 25.36 billion won in total amount.

The defendant in breach of trust takes charge of the conclusion of a drug supply contract, the operation and management of the foundation and the hospital as the operator of the X hospital operated by the actual president of the victim-based medical foundation of the victim-based medical foundation (hereinafter referred to as the "victim-based foundation").

around November 2010, the Defendant, despite being aware of the fact that he/she borrowed a sum of KRW 1 billion, including KRW 30 million on November 19, 2010, and KRW 1 billion on December 57, 2010, from around December 17, 2010 to March 2014, he/she acquired property benefits equivalent to KRW 100,000,000,000,000 from around December 17, 2010 to around December 17, 2010, with the knowledge of the fact that he/she would be able to continue to supply drugs to the above X Hospital (hereinafter referred to as “Z”) under the direction of C by the Chairperson of C.

B. A violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation of trust) was an occupational duty to issue for the business and profit of the victim foundation when the defendant, as the actual chief director of the victim foundation, intends to issue bills in the name of the

Nevertheless, it is not appropriate.