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(영문) 서울북부지방법원 2018.01.10 2017고단4180
배임수재등
Text

A defendant shall be punished by imprisonment for three years.

375,627,800 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On February 1, 1989, the Defendant is a medical institution employee who is a medical institution located in Yeongdeungpo-gu Seoul Metropolitan Government N and works as the head of the purchase division and the head of the planning office, etc. from March 1, 2007 and has overall control over administrative affairs within the hospital, such as purchase, accounting, general affairs, etc.

1. Around January 3, 201, the Defendant provided that Q, a de facto operator of P Co., Ltd., who supplied non-pharmaceuticals, such as injection and dys, to the above O hospital in a Buddhist area in Seoul, talks with the intent to provide money instead of offering money to enable the above P to continue to be supplied to the O hospital. The Defendant received KRW 1,00,000 from Q, who agreed to comply with the above demand by the Defendant to receive KRW 1,00,000 from the Defendant’s bank account in lieu of the Defendant’s name, and received KRW 61,00,000 in total from October 10, 2016 to October 10, 2016.

As a result, the Defendant, while serving as the head of the government office of the O hospital, received a false request from the above P operator Q to maintain the delivery relationship with the above P operator who is the supplier, and acquired a total of KRW 108,60,000.

2. No person engaged in taking property in breach of trust or any medical institution violating the Medical Services Act shall receive economic benefits, etc. provided by any person engaged in the business of selling medical devices under the Medical Devices Act for the purpose of facilitating sales, such as inducing the adoption or use of medical devices, maintaining transactions

The Defendant, who was supplied with medical devices, etc. to the O hospital, lent money individually to S, the president of the R, but S was unable to repay due to the occurrence of gambling, etc., the Defendant discussed to the effect that “I would be able to deliver money to SB as the customer of the O hospital if I would be able to pay the money in lieu of the money to be repaid to SB.”

After August 2013, the Defendant.

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