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(영문) 부산지방법원 동부지원 2017.12.05 2017고합176
배임수재등
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 the president of G hospital affiliated with the Daegu-gu medical corporation E, and has overall control over the adoption, etc. of the above hospital.

In 207, the Defendant received unfair solicitation from H Co., Ltd. (hereinafter “H”), a member of the business of a Daegu branch of H Co., Ltd. (hereinafter “H”), to request the Defendant to adopt, induce prescription, and maintain transaction of H drugs. Around May 2007, the Defendant received a demand from H’s executive officers and employees to transfer the amount equivalent to a certain percentage of the discounted sales amount of the pharmaceutical products to the Defendant, and received KRW 670,000 from H and then received KRW 670,000 from H and then received delivery from the wholesale merchant J from around that time to June 2016, the Defendant received a total of KRW 110 times through J, a wholesaler, such as the list of crimes in the annexed sheet.

As a result, the Defendant received KRW 385,070,00 from May 2007 to June 2016 in exchange for illegal solicitation in relation to the duties of H officers and employees such as I, and received KRW 237,560,00,00 from December 2010 to June 2016, the Defendant received KRW 237,560,00, which was provided for the purpose of sales promotion such as adoption of drugs, inducement of prescription, and maintenance of transaction.

Summary of Evidence

1. The defendant's legal statement (as at the third public trial date);

1. A protocol concerning the examination of suspect to the public prosecutor in K;

1. A criminal investigation report by each prosecutor;

1. In order to extract the current status of J (G hospital) discount from among H Trading presidents, the application of the monthly supply amount and the amount of rebates, such as G hospital, etc. and the monthly supply details of G hospital, etc. in the J 17 J 17;

1. Article 357(1) of the relevant Article of the Criminal Act concerning criminal facts (including the possession of property in breach of trust) and Article 88-2 of the former Medical Service Act (amended by Act No. 14438, Dec. 20, 2016; hereinafter “former Medical Service Act”) and the main text of Article 23-2(1) (including the acquisition of unfair economic benefits, etc.; dives No. 44 through 110) of the same Act concerning criminal facts

2. The Commercial Concurrent Crimes Act.

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