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(영문) 부산지방법원 동부지원 2018.01.09 2017고합173
배임수재등
Text

Defendant

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

However, the two years each from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant A is the operating director of H hospital located in Gu, Si, Si, Si, Gu, and is responsible for the adoption, etc. of the said hospital.

In 209, the Defendant received illegal solicitation from J, an operating employee of the IF branch in Daegu, Daegu, Inc. (hereinafter “I”), for the new adoption, inducement of prescription, maintenance of transaction, etc. of I drugs, and received a demand from the executives and employees of J, etc. around January 2010 to deliver the amount equivalent to a certain percentage of the discounted sales of I drugs to the Defendant, and received the delivery of KRW 5,480,766 from K Co., Ltd, which consented to the demand from the Defendant, including J, etc., and received KRW 5,480,766 from K Co., Ltd., a wholesale merchant, from around that time to December 2013, the Defendant written indictment 48 times in total through K, who is a wholesaler, as shown in the list of crimes in the attached Table (1). However, even if this was corrected, it appears that it would not interfere with the Defendant’s exercise of the right to defense, and thus, shall be corrected ex officio without amendment.

A total of KRW 270,229,895 was issued over the course of delivery.

As a result, from January 2010 to December 2013, the Defendant received 270,229,895 won in exchange for illegal solicitation in connection with the duties from the executives and employees of J, etc., and at the same time, from December 2010 to December 2013, the Defendant received money of 216,090,516 won in exchange for the purpose of sales promotion such as adoption of medicines, inducement of prescription, and maintenance of transaction from the pharmaceutical supply business to the pharmaceutical supply business.

2. Defendant B is a person who is working as the president of the N Hospital in Daegu-gu M and has overall control over the adoption, etc. of the above hospital.

In 209, the Defendant received a request from theO, which is an employee of the I Daegu Branch, to adopt new drugs, induce prescription, maintain transaction, etc. from the IF branch in order to request the Defendant to deliver to the Defendant the amount corresponding to a certain percentage of the discount amount on the sales of drugs by I such as O around January 2010.

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