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(영문) 대구지방법원 서부지원 2013.10.22 2013고단921
배임수재등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Chapter 155, 100,00 won, seized, shall be 200,00 won (No. 1).

Reasons

Punishment of the crime

The Defendant, from February 201 to June 201, 201, was in office as the head of the O Hospital located in Seo-gu N, Daegu from around February 201 to around June 201, and was in office as the head of the ornamental Center at Qu Hospital affiliated with the Foundation P from July 201 to June 2013, and was in office as the head of the relevant Center at each of the above hospitals. The Defendant was engaged in the medical treatment and treatment of the patients at each of the above hospitals, while S is the representative director of the headquarters of the Telecommunications Business Co., Ltd., the head of the headquarters of the Telecommunications Business Co., Ltd.

1. Around January 2011, the Defendant received a proposal from S to “I would make cash in proportion to the monthly settlement according to the sales if he/she uses a diplomatic mission (TKR) that is a medical device handled in T&A by the Defendant,” and accordingly, he/she received KRW 52,600,000 in cash in proportion to the number of diplomatic missions of the said company, which was used in alcohol, from the above date and time to May 201, and received KRW 102,40,000 in total three times from the above method as described in [Attachment Table 1-3] to the above date and time from May 2011.

As a result, the Defendant received economic benefits from a medical device distributor for the purpose of facilitating distribution, such as adoption of medical devices.

2. Around July 2011, the Defendant received an illegal solicitation from S to “I would pay cash each month by settling down the accounts according to the sales if he/she uses the personal mission Section (TR) handled in Company T,” and accordingly, the Defendant received cash of KRW 11,40,000 in return for the use in proportion to the number of the mission staff of the said Company, which was used in alcohol, from the above temporary point to May 2013, 201, and received cash of KRW 702,60,000 in total from S over 23 times in total from the above method as described in [Attachment Table 4-26] to the above date and time from May 2013.

Accordingly, the Defendant, as a medical person, is a medical device to promote distribution such as adoption of medical devices.

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