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(영문) 서울서부지방법원 2016.01.29 2015노1498
의료법위반
Text

Defendant

All appeals filed against Defendant A, B, C, and Prosecutor against Defendant DC are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A (1) The fact-misunderstanding that Defendant A received KRW 5,00,000 in cash as shown in the [Attachment 4] list of crimes listed in the judgment below in the name of rebates from V business employees W. However, Defendant A did not receive KRW 5,00,000 in cash every time as stated in the judgment below, but received KRW 3,000,000 in cash, respectively, as stated in the judgment below.

Nevertheless, the lower court convicted all of the facts charged by misunderstanding the facts.

(2) The sentence of the lower court’s unfair sentencing (an amount of KRW 7 million) is too unreasonable.

B. Defendant B (1) misunderstanding of the facts or misapprehension of the legal doctrine, the Defendant did not receive cash payment from V business employees A for the purpose of rebates from December 201 to September 201, 201 as stated in the lower judgment.

Nevertheless, the lower court found the Defendant guilty on the grounds that the AA’s statement that falls short of credibility.

(2) The sentence of the lower court (an amount of KRW 10 million) that is unfair in sentencing is too unreasonable.

(c)

Defendant

C The sentence of the lower court (an amount of KRW 5 million) is too unreasonable.

(d)

According to the evidence duly submitted by the prosecutor (misunderstanding of the facts against Defendant DC), the lower court acquitted the Defendant on the ground that the Defendant received cash 3 million won from V business employees CZ in the form of rebates on January 201, 201, even though it could have acknowledged that the Defendant received cash 3 million won in the form of rebates.

2. Determination

A. The Defendant alleged to the same purport in the lower court’s determination as to Defendant A’s assertion of mistake, and the lower court stated that the following circumstances, which are acknowledged by the evidence duly adopted and investigated by the lower court, i.e., “W of the first instance trial witness, paid 5,000,000 won to the investigative agency four times,” but the lower court’s court stated that “5,000,000 won, each of which was paid three times in KRW 5,00,000” in the court of the lower trial, is clearly memory. However, it is not clear whether the last 5,00,000 won was paid.”

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