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(영문) 대전지방법원 논산지원 2015.03.27 2014고단184

사기

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

[2014 Highest 184] The Defendant is a person who operates a F Pharmacy in E at the time of debate.

On April 2012, the Defendant made a false statement to the victim G at a mutual influent restaurant located in Seocho-gu Seoul Metropolitan Government, stating that “The Defendant would be responsible for the tax, accounting, and finance of the pharmacy: (a) while working as a management pharmacist of the F Contracting State No. 105 of the HU of the Seoul Central Government, Seoul, while managing the pharmacy; and (b) the Defendant would be responsible for the tax, accounting, and finance of the pharmacy; and (c) when concluding the drug supply contract under the name of the Party, the Defendant would be responsible for the payment of the drug and fully repaid, and would not cause any loss.”

However, the annual sales of “F Pharmacy” in 201, which the Defendant had operated separately at the time, were approximately KRW 2,116,00,000,000, while the net income in 2012 was merely about KRW 43,157,00,000, the sales of KRW 157,000,00 have deteriorated, and the sales of approximately KRW 1,157,00,00 have been reduced to approximately KRW 1,157,00. On April 20, 2012, while operating the “F Pharmacy” in Y in Y, the transaction was suspended due to the failure of the Plaintiff to pay approximately KRW 400,00,00 in the MM, and the pharmacy did not have the ability to pay KRW 300,00,00 to the Plaintiff, even if the Plaintiff had no capacity to pay out the amount of the maximum amount of the maximum amount of the debt in 300,000,00 won.

그럼에도 피고인은 이에 속은 피해자로부터 그 명의로 2012. 7. 23. 쥴릭파마코리아 주식회사와 의약품거래계약을 체결하게 하고, 2012. 7.경 이티시네메트정 등 의약품 합계 20,092,769원을 공급받아 그 대금을 결제하지 아니한 것을 비롯하여 그때부터 2013. 2.경까지 의약품 대금 합계 248...