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(영문) 서울중앙지방법원 2017.03.22 2016고합1221

배임수재

Text

Defendant

A Imprisonment for eight months, one year of imprisonment for Defendant B, six months of imprisonment for Defendant C, and three years of imprisonment for Defendant D.

Reasons

Punishment of the crime

Defendant A, from June 2006 to June 2006, is a person who works as the chief of the prime affairs division in charge of industrial accident compensation in Qa Hospital, Qa Hospital located in Seoul P. Defendant B is a person who works for the chief of the prime affairs division in charge of industrial accident compensation affairs in the “S Masan Hospital” located in the second floor of Seoul R in the building from January 2013. Defendant C is the chief of the prime affairs division in charge of industrial accident compensation affairs in the “S Masan Hospital,” who is the central branch hospital located in the second floor of the Seoul RR building. Defendant C is the chief of the prime affairs division in charge of industrial accident compensation affairs in the U.S. hospital located in Seoul from around March 2010.

Defendant

D In the process of applying for compensation for industrial accidents by workers on behalf of the Korea Workers' Welfare Corporation, it has given money to the director of the hospital office and advisory doctors of the Korea Workers' Welfare Corporation in the process of receiving fees.

1. In handling the industrial accident insurance business of Q hospital, the defendant A has a duty to restrain outside persons from doing business for patients at a hospital, and if there is a person who wishes to receive industrial accident insurance benefits by fraud or other improper means, he/she has a duty to restrain such outside person from doing so.

Nevertheless, the Defendant came to know D, a specialized hub for industrial accident compensation, which was found in Q Hospital in around 2011, and accepted a proposal from D to introduce patients of Q hospital to enable them to engage in business for the patients, and to provide money and valuables for the purpose of help patients receive a written diagnosis desired by the patients, such as face-to-face introduction fees or diagnosis fees.

around December 2, 2011, the Defendant introduced patients V to D and received KRW 700,000 from the new bank account in the name of the Defendant around December 13, 2011, and received KRW 230,000,000 from that time by the same method as the one in the attached Table 1 re-off from May 11, 2016.

The defendant is a person who administers another person's business and is related to his/her duties, from industrial accident hub D.