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(영문) 부산지방법원 동부지원 2018.01.23 2017고합180
업무상횡령등
Text

1. Defendant A shall be punished by imprisonment for eight months.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

AC Co., Ltd. (hereinafter “AD Co., Ltd.”; hereinafter “former AC”) changed its trade name on March 4, 2013, and established AE Co., Ltd. (hereinafter “AE”), except where it states separately from the former AC, with the exception of prescription drugs, medical appliances, diagnosis, and overseas business sectors.

[Status of Defendants] Defendant A worked as a business employee of AE Busan Branch from January 2012 to October 2014, and carried out business activities against the hospital in charge of the Busan Branch.

Defendant

B worked as a business member of AE Busan Branch from January 2012 to December 2014, and performed business activities against the hospital in charge of the Busan Branch.

Defendant

C worked as the head of the AE Busan Hospital from January 2013 to April 2015, and was in charge of all business for hospitals within the jurisdiction of the Busan Branch.

Defendant

D worked as the AE Busan Branch from April 201 to December 2013, 201, and overall business against the hospital within the jurisdiction of the Busan Branch.

Defendant

E worked as the AE Busan Branch from January 2014 to March 201, and has overall control over the whole business against the hospital within the jurisdiction of the Busan Branch.

[Basic Reference Facts]

1. AE shall, while importing, manufacturing, and selling prescription drugs, supply them to medical care institutions (each class hospital) and pharmacies through drug wholesalers, and medical care institutions and pharmacies shall claim reimbursement for pharmaceutical expenses from the National Health Insurance Corporation and patients, and pay the payment for pharmaceutical expenses to drug wholesalers, and the wholesale wholesalers shall pay the pharmaceutical expenses to the medical care institutions and pharmacies, after deducting the distribution margin of the wholesaler from the price for pharmaceutical products collected from pharmacies by the medical care institutions and pharmacies (or within 5% ordinarily);

2. Medicines manufactured and sold in AE in the manner of offering rebates.

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