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(영문) 부산지방법원 동부지원 2017.10.31 2017고합108
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[Power of crime] On January 6, 2016, the Defendant was sentenced to a suspended sentence of two years in January 14, 2016, on the grounds of a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) in the branch court of the Busan District Court (hereinafter referred to as the 'Sovereign Branch').

[Reference Facts]

1. The Co., Ltd. shall, while importing, manufacturing, and selling the prescription drugs in the Co., Ltd. and the sales of the drugs, supply them to the medical care institutions (each class hospital) and pharmacies through the drug wholesalers, and the medical care institutions and pharmacies shall claim the pharmaceutical expenses from the National Health Insurance Corporation and patients, and pay the pharmaceutical expenses to the 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 proceeds of the drugs collected from the pharmacies (or within 5% ordinarily);

2. The Co., Ltd. shall sell drugs to the medical institution and allow a drug wholesaler to deliver drugs while selling them to the medical institution, while offering profits to the wholesaler in the manner that the sum of five percent discount rates for each drug agreed in advance with the medical institution and the amount of discount rates for each drug agreed in advance with the medical institution to the wholesaler, and then, the wholesaler provides rebates by settling the amount of the quantity of drugs supplied to the medical institution each month and the amount equivalent to discount rates.

3. Around 2003, the Defendant entered the Busan District Bank of the Co., Ltd. (the special drug manufacture and sales sector are divided into a Co., Ltd.) and operated as an operating member at the Busan Branch in Busan Branch in order to be in charge of the business of E hospital, F hospital, G hospital, H convalescent hospital, etc. since 2009, which belongs to the Busan Branch in charge of the business of E hospital, F hospital, G hospital, H convalescent hospital, etc., and retired on January 2015.

[Detailed Criminal Facts]

1. The Defendant, through fraud of drug discount funds related to a convalescent hospital, including H convalescent hospitals, is a business employee of the Busan Branch Hospital Team of the Busan Branch Hospital, and the H convalescent hospital, I convalescent hospital, J convalescent hospital, K convalescent hospital, K convalescent hospital, and L convalescent hospital.

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