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(영문) 대구지방법원 서부지원 2014.04.17 2013고단1160
배임수재등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a medical person working for the E HospitalF of the medical corporation affiliated with the D in Ansan-si, who is engaged in the treatment and treatment of patients at the above hospital, while G is the representative director of the H Business General Headquarters, the head of H Business General Headquarters, the head of the H Business General Headquarters, the head of which is the I Corporation.

Around April 201, the Defendant received an unjust solicitation from the E Hospital’s staffJ in receipt of G’s instruction to the effect that “When using vertebrate flacing substitute substances, etc. used in spinal flacing, dealt with at H, the Defendant would make a monthly settlement and make cash according to its sales.” Accordingly, the Defendant received KRW 1,400,000 in cash from J in return for its adoption in proportion to the number of the above company’s medical devices used as alcohol. From that point to October 201, the Defendant received KRW 16,400,000 in total seven times from that point to that point, as indicated in the attached Table (1).

In addition, around September 2012, the Defendant received an illegal solicitation from K in receipt of G’s instructions from the said E Hospital, and accordingly, the Defendant received cash of KRW 1,200,000 from K in return for its adoption in proportion to the number of the above company’s medical devices used in drinking. From that time until November 2012, the Defendant received KRW 4,80,000 in the same manner three times, as shown in the attached List of Crimes (2) from that time, from November 2012.

Accordingly, the Defendant, as a medical person, received economic benefits from a dealer of medical devices for the purpose of facilitating sales such as adoption of medical devices, and was engaged in the business of others, and acquired property in exchange for illegal solicitation in relation to his duties

Summary of Evidence

1. Defendant's legal statement;

1. Witness G and L respective legal statements;

1. Application of Acts and subordinate statutes of each investigation report (No. 18, 22)

1. Relevant Article 357(1) of the Criminal Act (the occupation of taking property in breach of trust) concerning criminal facts and the former part of Article 88-2 of the Medical Service Act;

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