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(영문) 대구지방법원 서부지원 2013.12.24 2013고단1412
배임수재
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a medical person who served as a medical specialist belonging to the E Hospital affiliated with the medical corporation affiliated with the Gu and the Si from around 2009 to 2011, and the Defendant is a person engaged in the medical treatment and treatment of the patient at the above hospital; and F is a person who is the representative director of the G Business Manager Co., Ltd., Ltd., the head of G Business Manager Co., Ltd., and engages in the business of selling medical devices.

On August 20, 2009, the Defendant received an illegal solicitation from F to the effect that “If the Defendant promised to use medical devices, etc. to be used for spine surgery in Company G, it would first be settled according to the results of future use of medical devices, which would reduce advance payments, and would have deducted advance payments,” and received KRW 75 million in return for the adoption of medical devices to spine surgery in the above Company.

As a result, the defendant acquired property in return for an illegal solicitation as to his duties as a person who administers another's business.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of suspect by the prosecution against F and I;

1. A cash loan contract and a monopoly supply contract;

1. Application of Acts and subordinate statutes to each investigation report (No. 23 through 27 No. 5 of the evidence list);

1. Article 357 (1) of the Criminal Act applicable to the crimes and Article 357 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Article 357 (3) of the Criminal Act for collection of penalty surcharges;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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