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(영문) 부산지방법원 2016.11.11 2016고합640
배임수재등
Text

A defendant shall be punished by imprisonment for two years.

240 million won shall be additionally collected from the defendant.

Reasons

Criminal facts

[M] Around March 1, 1988, the Defendant graduated from a university of E University, obtained qualification as a medical specialist on or around February 1, 1996. Around April 1, 1997, the Defendant was appointed as a faculty member at a university of E.I.D., a school foundation E.I.D. on or around October 1, 1999. Around October 1, 1999, the Defendant was appointed as a general hospital of E.G. and an assistant professor, and the date stated in the written indictment appears to be an obvious clerical error.

E University Hospital is a doctor and a private school teacher who has been promoted to a professor outside the general department of E University Hospital and has been working until now.

H is a person who operates I, a corporation that engages in wholesale and retail business of pharmaceutical products.

【Criminal Facts】

1. Around March 2012, the Defendant received cash worth KRW 6.6 million from the Defendant’s office in the Seo-gu, Busan District Hospital, in response to an illegal solicitation from H to the effect that “The Defendant, at the office of the Defendant in the Seo-gu, Seo-gu, Busan, prescribed drugs such as DNA supplied by I, so that he can continuously prescribe and deliver I drugs.”

In addition, from that time until May 2016, the Defendant acquired the property of KRW 240 million in total over 43 times under the above name, as described in the attached list of crimes (1).

2. No person who processes or has processed personal information of a Privacy Act-related teacher shall divulge personal information he/she becomes aware of in the course of performing his/her duties or provide it to another person without authority;

While the Defendant received rebates from H on August 2014, at the Defendant’s office located in the E University Hospital, the Defendant heard from H the phrase “Iskn was receiving data from the original doctor’s prescription, but did not receive such data.” On the spot, I would like to hear the phrase “Iskn’s help to receive data through the Director-General.” On the other hand, I would like to call Isk to the outside and the Director-General with a cell phone and call to K with the issue of “Isk?”

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