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(영문) 대구지방법원 2015.07.16 2014노72
배임수재등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, who received around October 2010, KRW 50,000,00, which was paid around October 201, is a medical corporation I Medical Foundation (hereinafter “instant Foundation”).

As the actual operator of the above Foundation, he received the above money from F with the intention to use it as the operating fund of the above Foundation, and used it as the operating fund of the above Foundation. The defendant was not a person who administers the business of the Foundation of this case, which is another person, and since the defendant had the Foundation of this case acquired financial benefits, there was no intention to obtain illegal gains from the defendant. 2) The defendant was paid KRW 104,730,000 from November 201 to June 201, 201, as the actual operator of the Medical Corporation International Medical Foundation of this case (hereinafter "the Foundation of this case"). The defendant received the above money from F with the intention to use it as the operating fund of the above Foundation, and used it as the operating fund of the above Foundation. The defendant was not a person who administers the business of the Foundation of this case, which is another person, but because the defendant had the Foundation of this case acquired financial benefits, there was no intention to obtain unlawful gains from the defendant.

The Defendant actually received only the remainder after deducting the amount used as the so-called DNA test cost from among the amount entered in the rebates prepared by F in the F’s account book. As such, the amount actually received by the Defendant is about KRW 69,813,00 of the amount charged.

B. The lower court’s sentence on the Defendant of unreasonable sentencing (two years of imprisonment, two years of suspended execution, additional collection of KRW 154,730,00) is too unreasonable.

2. Determination

A. 1) According to the judgment of the court below and the evidence duly admitted and examined by the court below as to the assertion that a person is not a person who deals with another's business, the medical corporation's I medical foundation on August 26, 2008 (the name of the Foundation of this case) shall be the name of the medical corporation around July 2008.

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