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(영문) 서울동부지방법원 2016.12.07 2016고단272

업무상배임등

Text

Defendant

A Imprisonment for two years, and Defendant B shall be punished by a fine of 10,000,000 won.

Defendant

B The above fine.

Reasons

A. Ground for sentencing of Paragraph 1 (1) (Scope of Recommendation) (Defendant A)

(a) Persons under special circumstances in the basic area (one year-3) of category 2 of occupational breach of trust (not less than KRW 100 million, but less than KRW 500 million): Where substantial damage has been recovered due to a very poor number of crimes:

B. The first category (non-business, non-organization-2) basic area of forgery, alteration, etc. of official documents, etc., and even if the actual medical materials were received from the company first, they should be used for the original medical practice (the delivery, post-issuance), and if they were not used for the medical practice as of the time of requesting occasional purchase, it would be legitimate to return them and request the purchase only for the actual use. Thus, this part is found guilty.

(c) Type 1 basic area ( August-2), such as forgery, alteration, etc. of official documents, etc. for a false or electronic recording event;

D. The statutory penalty for the violation of the Medical Service Act is three years or less, and the final sentence scope due to the aggravation of multiple offenses: one year and four years [decision of sentence], one year and eight years (one year and four years], the Defendant is a dentist who is a public official of C Hospital affiliated with C Hospital and has a function to treat and prevent injuries and various diseases that occurred in the course of performing his/her duties and must faithfully work with a sense of duty, but during his/her service hours by using his/her position and status as a public official, the patient’s human and material resources in C Hospital for private-friendly or private interest by using the said resources as one of his/her own private hospitals, and without receiving and receiving them, should be strongly criticized as a public official. In that process, the fact that the medical records that the public official should not be regarded as a medical person were prepared, and during several years, the crime of occupational breach of trust continues to be committed, and the number of patients involved in the procedure reaches 103 persons (499), 297,100, and one of the patients introduced.

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