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The judgment below
The part against the defendant shall be reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
The defendant above.
Reasons
1. According to the summary of the grounds for appeal (misunderstanding of facts), it is sufficiently recognized that the defendant made an illegal solicitation to the effect that the defendant would cause K to suffer favorable results in N's J, and that in return, the defendant attempted to provide money or goods or attempted to provide money or goods.
Nevertheless, the lower court erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.
2. Determination
A. On July 26, 2014, the Defendant, a vice president of the O Co., Ltd. (hereinafter “O”) made an illegal solicitation, such as “I assist and encourage K, a non-standing member of the JJ Committee, to determine wages above a certain amount in the assessment of drug benefits of new drug N,” and the provision of relevant information in the event of a problem such as non-benefit decision, etc.,” and entered into a contract for research services equivalent to KRW 50 million for the research station with K and around that time.
The contractual parties to a contract for a station of research are P University Industry-Academic Cooperation affiliated with theO and K, and K are a person in charge of research (Evidence 553 pages). The Defendant agreed to pay K a performance-based bonus of KRW 1,000 to KRW 30 million according to the amount if the result of the research service is well-grounded and an I medicine is publicly notified more than a certain amount, and to pay KRW 20 million as a part of the activity.
After the termination of the above research service contract, the Defendant did not pay the performance-based bonus according to the above agreement, and provided K with the amount equivalent to KRW 13,93,640,00,000,000,000 for the travel expense on October 14, 2014, from October to April 2015, 2015, for the purpose of supporting the activities during the research service period. The Defendant provided K with the amount equivalent to KRW 13,50,000,000,000 for the corporate card use from October 14, 2014, to April 2015.
As a result, the Defendant made the above illegal solicitation with respect to his duties to K, and paid for it.