사기
A defendant shall be punished by imprisonment for one year.
An application for remedy by an applicant for compensation shall be dismissed.
Punishment of the crime
The Defendant operated “F” pharmacies in Mapo-gu Seoul Metropolitan Government from March 2, 2012 to October 22, 2014.
[2015 Highest 602] The Defendant, around August 8, 2014, would pay off the face value of drugs to G employees of the victim friendly drugs Co., Ltd. at F pharmacy.
“A false representation was made.”
However, at the time of fact, the Defendant was liable to pay KRW 120 million to the bond company, KRW 300,000,000,000 from the branch, KRW 300,000,000 to the pharmacy operating expenses, and KRW 10,000,00 per month to the loan debt of financial institutions. From June 2014 to September 2014, the Plaintiff issued the check amount to KRW 118,00,000,000 in total from the end of the day of June 2014, and thus, the Defendant did not have any intent or ability to pay the check amount properly even if he was supplied with drugs from the victim-friendly drugs.
Nevertheless, the Defendant: (a) by deceiving the employees of the Victim Co., Ltd., Ltd., and by deceiving them from the victim Co., Ltd., the Defendant received and acquired the drug equivalent to KRW 31,852,249 in total over 15 times from August 8, 2014 to October 1, 2014, as shown in the List of Crimes (1) as shown in attached Table (1).
[2015 Highest 864] The Defendant, around September 5, 2014, would make payments to H from F pharmacy to the staff of the instant medicine company at F pharmacy after the two months of the supply of the medicine.
“A false statement was made to the effect that it was “.”
However, the Defendant, at least KRW 120,000,000 owed to I, from the branch in which he borrowed money of KRW 300,000 from his pharmacy operating expenses, and at least KRW 10,000,000 per month, was borne by the Defendant with interest of KRW 500,000 per month on the loan obligations of financial institutions, and since around around 2012, the pharmacy operation was difficult, the amount of KRW 20,000,000 per month from the pharmaceutical supplier J et al. at KRW 5,00,000 and KRW 30,000,000 per month. From September 2013, the Defendant did not pay four salaries including K et al. as well as the amount of four persons from September 2013.