사기
The defendant's appeal is dismissed.
1. The gist of the grounds for appeal was that there was an agreement between the Defendant and F to extend the repayment period of each obligation to F and G, and the operation of a pharmacy including the pharmaceutical expenses to be paid by the Medical Insurance Corporation had the ability and intent to repay the obligation of the pharmaceutical expenses provided by the victim D association. However, since G seized the Defendant’s account of which the pharmaceutical expenses, etc. are deposited without any circumstances, it is only impossible to pay the said obligation.
2. Determination
A. Recognizing the following facts based on the evidence duly admitted and investigated by the lower court at the lower court:
1) On April 6, 2012, the Defendant settled 30% of the total amount of pharmaceutical products at the end of every month from the date on which he/she received the terms and conditions of payment when concluding a drug supply contract with the victim (30% of the amount of pharmaceutical products supplied from April to June) on or after the end of June.
(2) At the time when the Defendant was supplied with the drug from the victim, the Defendant was liable to pay approximately KRW 1130,000,000 to July 26, 2012. (2) At the time of being provided with the drug from the victim, the Defendant was liable to pay KRW 1130,000,000.
Among them, the Defendant borrowed the amount of KRW 300 million on September 15, 201 by setting the due date on September 15, 201 with the pharmacy that he operated on September 15, 2009, but the Defendant failed to pay the principal at all, but the interest (from November 201, the Defendant paid the interest of KRW 4 million at each month) was not paid from November 201.
(However, in February 2012, the Defendant paid KRW 5 million as interest). In addition, on August 11, 2011, the Defendant borrowed KRW 120 million as of April 30, 2012 and paid KRW 1 million as interest each month after borrowing from G under the pretext of allowing the Defendant to operate a pharmacy in a hospital building where the Defendant’s relatives are established.
3. The defendant shall issue a collection order against G to the defendant.