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(영문) 춘천지방법원 2017.08.30 2016노25
부정수표단속법위반등
Text

1. Of the judgment below, the part against Defendant A regarding Defendant B, C, D, F, and G shall be reversed, respectively.

2...

Reasons

1. The grounds of appeal shall be determined within the scope of supplement in case of supplement in the statement of reasons for appeal, with respect to the submission period which includes the grounds for appeal and the grounds for appeal submitted;

A. Defendant A1) The sentence of the lower court (a 5 years of suspended sentence for 3 years of imprisonment, a fine of 200 million won, and a community service for 200 hours) is too unreasonable.

B. The judgment of the court below which convicted Defendants B, F, D, F, and G1 of violation of each Medical Service Act against the Defendants despite the fact that the money received as rebates from Defendants B, F, D, F, and G1 had been attributed to the hospital, which is a medical institution, by misapprehending the legal principles, was erroneous in the misapprehension of facts or by misapprehending the legal principles.

2) The punishment against the illegal defendants (defendant B and F: 3 years of suspended sentence for 2 years of imprisonment; 160 hours of community service, Defendant C and G: one year of suspended sentence for each one year of imprisonment; two years of suspended sentence for Defendant D; two years of suspended sentence for six months of imprisonment) is too unreasonable.

(c)

(1) The Prosecutor’s misunderstanding of the facts or misapprehension of the legal doctrine (as to the portion of innocence against Defendant B and F), Defendant B and F did not use some of the rebates received from Defendant A for medical corporations, and used it individually for his personal business, etc., and thus constitutes a person who administers another’s business and acquired property in exchange for an unlawful solicitation.

Nevertheless, the judgment of the court below which acquitted the Defendants on the charge of each violation of trust is erroneous in the misunderstanding of facts and legal principles.

2) The lower court’s sentence against the Defendants (as to all the Defendants: 3 years of probation; 5 years of probation; 200 million won; 200 hours of community service; 200 hours of community service; 3 years of probation; 160 hours of probation for each of 2 years of imprisonment; 2 years of probation for each of 1 year of probation; 3 years of probation for Defendant C and G; 2 years of probation for each of 1 year of probation for Defendant D’s imprisonment; 2 years of probation for each of 2 years of probation for Defendant D’s imprisonment; 3 years of probation for 2 years of probation for 120 hours of probation for October; 28,180,000 won for each of 10 years of probation for Defendant E’s imprisonment (defendant B and 2).

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