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(영문) 광주지방법원 2010.07.23 2009고단4143
배임수재
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

The defendant is a professor outside of C medical colleges, who works as a doctor of D Hospital.

Around March 2007, the Defendant received an illegal solicitation from E, a business employee of Hanol medicine, to the effect that “hinging to prescribe a large of KRW 800,000 per month in cash,” and received KRW 800,000 in cash from E around that time, in return for the prescription for drugs, at the office of the Defendant in Gwangju D Hospital, and received KRW 21,60,000 per month in total from May 27, 2009 upon receiving an illegal solicitation from the above E to May 2009.

In addition, at the same place as on June 2009, the Defendant received 956,000 won from the No. 25th of the same month to the Gwangju bank account (F) in the name of the Defendant under the pretext of translation from the above E in exchange for an illegal solicitation from the above E to the effect that “the Defendant may prescribe the products of the No. 1335 in the name of translation of the thesis”, and received 956,000 won from the No. 25th of the same month from May 25, 2006 to November 19, 2009, and received the aforementioned illegal solicitation from the pharmaceutical company as described in the attached list of crimes, and received 15,319,700 won in total from the pharmaceutical company under the pretext of Pms, lectures, advisory fees, translation fees, and tuition expenses.

Accordingly, the defendant acquired property or financial benefits in return for an illegal solicitation in relation to his duties.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Statement by the prosecution against E (including the G's statement);

1. Application of Acts and subordinate statutes to investigation reports (verification of details of transactions by entering and withdrawing the Gwangju Bank Account in the name of the A);

1. Article 357 (1) of the Criminal Act and Article 357 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Detention at a workhouse;

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