beta
(영문) 대구지방법원 2014.04.17 2014고단654

뇌물공여등

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a sexual surgery specialist who operates the “E Hospital” in Daegu-gu D.

1. Around 19:00 on May 1, 2012, the Defendant offered a bribe of KRW 2.5 million in total to the public official’s duties on two occasions, on the pretext of a solicitation to provide convenience related to filing a revised return of value-added tax on an E hospital, on the grounds of a solicitation to the head of the E Hospital located in Daegu-gu, Daegu-gu, the income tax and the first-class income tax, and around April 10, 2013. Around April 10, 2013, the Defendant provided a bribe of KRW 1.5 million in cash to the said H on the pretext of a solicitation to provide convenience related to filing a tax return, such as value-added tax and global income tax.

2. A medical person who has violated the Medical Service Act shall keep records related to medical treatment, such as medical records, and record and sign the address, name, resident registration number, and main symptoms of the person who has received the medical treatment, diagnosis results or name, progress of the diagnosis or diagnosis, details of the medical treatment, date and time of medical treatment in detail;

Nevertheless, the Defendant, at the “E Hospital” located in Daegu-gu, Daegu-gu, on January 3, 2012, stated only that “name: I, date of birth: J: Singu, Sin-gun, and content of the medical examination and treatment: LB(s) and 9070 (referring to an operation fee of KRW 9 million at a discount of KRW 700,000)” in the medical examination and treatment records of the Defendant, and did not enter the main symptoms, diagnosis results, progress of the medical examination, date of the medical examination, etc. and did not sign the medical examination and treatment records at least 15 times until December 27, 2012, as stated in the attached Table of Crimes, and did not sign the medical examination and treatment records.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect of H by the prosecution;

1. Application of Acts and subordinate statutes on police statements of K and L;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Facts No. 1 of the ruling: Articles 133(1) and 129 of the Criminal Act comprehensively.