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(영문) 수원지방법원 2016.11.18 2016고합330
배임증재
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for eight months.

However, this judgment is delivered to Defendant A.

Reasons

Punishment of the crime

Defendant

B The same year from January 26, 2012

8. up to 31. 31. A person who works as the Deputy Director of J Hospital operated by the victim E in Sungsung-si as the victim E, and was in charge of the purchase of medical equipment, etc., and Defendant A is a person who operated a wholesale and retail business of medical appliances with the trade name of “K”.

1. Around June 2012, Defendant B, the president of the pertinent J Hospital, purchased the MRI equipment from the victim E to install the relevant equipment at the hospital. As such, the Defendant had a duty to negotiate the purchase price that meets the seller’s and the equipment’s performance and to pay the purchase price.

On July 2012, upon receipt of a request from A who operates a wholesale and retail business of medical equipment at a place where it is unknown, the Defendant: (a) entered into a contract for the sale of KRI equipment at a coffee shop with the intent to sell it to J Hospital at a lower price than the actual purchase price of the MRI equipment purchased from L; (b) entered into the contract on July 11, 2012 at a coffee shop with the intent to make K’s 490 million won payment at the time of the remainder of the contract; (c) entered the phrase “B Vice-President” at the bottom of the contract, stating that “K will pay the remainder of the payment at the time of the remainder of the contract; and (d) signed it on July 24, 2012 with the victim KRW 200,700,000,000,000,000,000,000,000 won (hereinafter referred to as “Korea Hospital”); (d) KRW 2,500,00,060,00

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