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(영문) 서울중앙지방법원 2017.10.27 2017고단5087

업무상횡령등

Text

Defendant is punished by imprisonment with prison labor for each crime of 2017 senior group 5087, the second half of 2017 senior group 565.

Reasons

Punishment of the crime

On April 20, 2012, the Defendant was sentenced to a suspended sentence of three years on the 28th of the same month by imprisonment with prison labor for a crime of giving a bribe at the Busan High Court, the Changwon of the Busan High Court, and the said judgment became final and conclusive on the 28th of the same month.

[2] The Defendant is a director of the Victim D Co., Ltd. (the representative E; hereinafter “victim Co., Ltd.”) with the fourth floor of the building in Songpa-gu Seoul Metropolitan Government from March 20, 2007 to February 18, 2010, who was engaged in the sales and collection of medicine.

1. The Defendant: (a) released drugs as if he were supplied to F Pharmacies, which is the customer of the victim company; (b) sold such drugs to the personal wholesaler called “G”; and (c) received the price in cash; and (d) received the price to be used in establishing and operating H (hereinafter “H”) without connection with the victim company.

Accordingly, around January 11, 2008, the Defendant issued a detailed statement and tax invoice as to the supply of nine items, including “1,360,780 won (including added tax) at the victim company,” “10m-g,” and sold the said drug to G with no knowledge of the name of the F pharmacy,” and voluntarily consumed it by selling it to G with no knowledge of the name.

In addition, from around that time to December 11, 2008, the Defendant embezzled drugs equivalent to KRW 314,467,570 in total by the same method 14 times, such as the previous list of crimes (1) in attached Form 1.

2. Around November 11, 2009, the Defendant embezzled the sales proceeds of drugs at the J Hospital located in Orsan-si I, around November 1, 2009, received KRW 30,000,000 from the sales proceeds of drugs sold by the victim company to the above hospital, and used the proceeds for personal purposes, such as the establishment and operation funds, without depositing the proceeds in the victim company.

In addition, the Defendant 4 times from around that time to January 27, 2010, such as the list of crimes in attached Form 2.