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(영문) 부산지방법원 동부지원 2017.12.05 2017고합171

배임수재등

Text

Defendant

A Imprisonment with prison labor for one year, and for six months, for each of the defendants B.

However, the two years each from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant A is the president of the H hospital affiliated with the G Medical Foundation in Daegu-gu, and has overall control over the adoption, etc. of the above hospital.

In 209, the Defendant received illegal solicitation from the J and the business managers, the head of the H Hospital room at the above H Hospital (hereinafter “I”), Daegu Branch Office at the time of 2009, requesting the Defendant to adopt and induce new adoption of K and L, prescription, and maintenance of transaction for I medicine, and received an amount equivalent to a certain percentage of the discount amount from I’s executives and employees around October 2009, and received a demand from the Defendant to deliver the amount equivalent to the above at a certain percentage of the discount amount to the Defendant, and received 4,300,000 won from N of the Merchant Co., Ltd. (hereinafter “M”), the Defendant, from around that time, to March 2017, through the total amount of KRW 70,500,700,000, as shown in the list of crimes (1) of the attached Table, M&A Co., Ltd. (hereinafter “O”) and P Co., Ltd. (hereinafter “P”).

As a result, the Defendant received KRW 560,070,00 from October 209 to March 2017, in response to illegal solicitation in relation to I’s duties, and received KRW 560,070,00, and at the same time, from December 2010 to March 2017, the Defendant received KRW 505,570,00, which was provided for the purpose of sales promotion such as adoption, prescription inducement, transaction maintenance, etc. from the pharmaceutical supply business operators.

2. Defendant B is the president of the R Hospital affiliated with the medical corporation G medical foundation Q in Busan, who has overall control over the adoption, etc. of the above hospital.

The Defendant received an illegal solicitation from the persons in charge of the business of the IM branch in the office of the IM branch in 2009 at the end of the BR hospital in response to the request for new adoption of K and L, prescription inducement, maintenance of transaction, etc., and the Defendant received the amount equivalent to a certain percentage out of the discounted sales of the above drugs from an officer or employee of the IM branch in October 2009.