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(영문) 서울중앙지방법원 2017.03.31 2016고합1221 (1)
배임수재
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is commissioned as a professor of F Hospital in Seoul E, and from January 2004, as the advisory doctor of G branch of the Labor Welfare Corporation G branch of the Labor Welfare Corporation, and is in charge of advisory and examination of the patient's disability status who applied for the application for industrial accident compensation insurance.

H is the professional hub of industrial accident compensation insurance that provides workers with compensation for industrial accidents on behalf of the Labor Welfare Corporation and receives fees.

As an advisory doctor commissioned by the Labor Welfare Corporation, all applicants shall be equally and fairly examined in examining industrial accidents by the Labor Welfare Corporation, and no money or valuables shall be received upon receiving a request for disability examination from a specific person in connection with the disability examination.

Nevertheless, the Defendant, upon receiving a request from H to the effect that he was aware of the H, a specialized hub for industrial accident compensation, which was found at the F Hospital around September 2013, and that “it would be possible to conduct an examination on the disability of the Labor Welfare Corporation for the patients at his request.”

On March 3, 2014, the Defendant received money and valuables of KRW 17,770,000,000 from H in total over 20 times, from around March 3, 2016, as shown in the list of crimes in attached hereto, from around 70,000, as a honorarium for the review of disability grade I and J from H.

As a person who administers another person's business, the Defendant acquired property in return for an illegal solicitation from the industrial accident hub H with respect to his/her duties.

Summary of Evidence

1. Statement by the defendant in court;

1. The legal statement of H;

1. A copy of the application for benefit of J disability, or a copy of the application for benefit of K disability;

1. Application of Acts and subordinate statutes to a investigative report (a text message with H stored in the A mobile phone);

1. Article 357 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. Social service order under the Criminal Act;

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