A defendant shall be punished by imprisonment for one year.

Punishment of the crime

The defendant is the representative director of E (State) for the purpose of wholesale business, etc. of medical devices.

(H) Around May 14, 2012, the victim FF developed the “H” (hereinafter “instant medical device”) which is a medical device that renders use of the Non-Exclosionless Non-Exclosion Signals Signals and applied for new medical technology assessment to the Korea Health and Medical Service Research Institute affiliated with the Ministry of Health and Welfare.

On June 26, 2012, the Defendant supplied the instant medical device from the main office of (State)G office located in the second 910th of the Geumcheon-gu Seoul Metropolitan Government International Building, and distributed the instant medical device to a hospital other than a general hospital, but entered into a commodity supply contract with the content that the supply price will be decided by mutual consultation, by up to 2012, KRW 30 million per unit, and thereafter.

Around July 27, 2012, the Defendant purchased four medical devices of this case from the victim in KRW 132,00,000,000 from the (State) G Office, and concluded a supply contract with G on the premise that H is designated as a new medical technology, and provided H6 as a collateral in preparation for the case that H does not be designated as a new medical technology, and kept it well on the face of the principal. It was false that H would immediately return the medical device as a new medical technology at the beginning of 2013.

However, the above facts did not have the intent or ability to return it to the victim after being provided with 6 medical devices of this case as security and immediately disposing of them, and being used for the purpose of paying the Defendant's salary, etc. as the sales proceeds.

The Defendant, by deceiving the victim as such, received six medical devices of this case, whose market value is equivalent to KRW 198 million from the victim around that time, as collateral.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F, J, K, L, and M;

1. The defendant's protocol of interrogation of the prosecution as to F. F.