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(영문) 부산지방법원 2017.02.15 2016고합542
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

1. Defendant A shall be punished by imprisonment for a term of three years and a fine of four hundred million won.

The above fine shall not be paid by the defendant.

Reasons

Criminal facts

[Status of Defendants and Criminal Records] Defendant A is a person who operates M&A company engaging in wholesale and retail business of medicine.

Defendant

F is a teacher of a private school with interest from around 2008 to around 2008 who has served as a professor in blood species and teaching in AC University AD Hospital.

Defendant

G is a teacher of a private school with a physician interest who served as the chest director of AC University AD Hospital from August 2007 to August 201, 2012. G is a teacher of a private school with a physician interest who served as the director of AC University AD Hospital from August 2007 to August 2012.

Defendant

H From around 1993, from around 1993, H served as the father and professor of AC University AD Hospital, and is a teacher of AC University AD Hospital from around 2004 to around 2005, and a teacher of a private school with interest that he/she served as the principal of AC University AD Hospital and the principal of a university.

Defendant

I is a teacher of a private school with interest from 2007 to AC University AD Hospital and a professor.

Defendant

J is a teacher of a private school with interest in AC University AD hospital from around 2001 to now.

Defendant

K is a teacher of a private school with interest from around 2010 to the present AC University AD Hospital as a professor, and Defendant L is a person who opened a AE hospital and works as the president from March 2015 to the present.

[Criminal facts]

1. 2016, 542;

A. Defendant A1) The Defendant, as the representative of M Co., Ltd., which is engaged in wholesale and retail business of drugs, committed a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) with intent to embezzled the company’s funds to provide money and valuables in accordance with the adoption and prescription of drugs, to provide various entertainment expenses, such as golf, travel, entertainment, etc., and to pay his/her children studying abroad.

The Defendant received false tax invoices equivalent to KRW 2,634,420 from AF AG on September 14, 2015 by pretending to have purchased drugs from AF AG on the same day, and M&A, which had been kept in business on the same day.

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