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(영문) 대전지방법원 천안지원 2013.11.21 2013고정637

사기

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the operator of the Dental in Asia-si, Asan-si, and the victim E is the operator of the D Pharmacy in Korea, and the victim E was aware of each other as a member of the (State)F who supplies medicines to the defendant. Since the defendant bears approximately KRW 270,1200,000 for financial institutions and branch persons, even if he had the victim paid the drug price on behalf of the victim, he did not have the intent or ability to pay it later. In fact, the defendant did not pay the drug price to the victim as well as other general creditors, even though he did not pay it on behalf of the victim, but on February 25, 2012, even though he did not pay it to the other general creditors, the victim "at this time does not have any money." On the other hand, the victim's credit card would first pay the drug price for the next month. It means that the victim would have the victim pay it to the next month on March 22, 2012.

4.2. 3 million won, and the same year.

5.2.2. 2.2.2. 2. 6.0 million won, total of 6.5 million won, and acquisition of pecuniary profits equivalent to the above amount by allowing the payment of pharmaceutical products instead of the above amount.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes, such as the details of use of Samsung Card, list of individual rehabilitation creditors, printed out data from Kakakao Stockholm conversations, and investigation reports (to hear statements from the complainant on March 2012 by the complainant/suspects)

1. Article 347 (1) of the Criminal Act and the choice of a fine concerning the crime;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;