특정경제범죄가중처벌등에관한법률위반(사기)등
In the case of each of the crimes of the 2017 Highest 185, 275, 311, 500 cases, the defendant's judgment shall be punished by imprisonment for three years and the remaining crimes shall be punished by imprisonment for three years.
Punishment of the crime
[criminal records] On August 12, 2011, the Defendant was sentenced to a two-year suspended sentence to six months of imprisonment for fraud at the Changwon District Court on August 20, 201, and the judgment became final and conclusive on August 20, 201. On December 8, 2011, the Busan District Court sentenced two years of suspended sentence to eight months of imprisonment for occupational embezzlement at the Busan District Court on December 8, 201, and on December 201, the Defendant was sentenced to a two-year suspended sentence on December 16, 201, and the judgment became final and conclusive on December 8, 2011.
Since the portion is obvious that it is a clerical error, it shall be corrected ex officio without modification of an indictment.
The judgment became final and conclusive.
[Criminal facts] 2017 Gohap 185
1. The Act on the Aggravated Punishment, etc. of Specific Economic Crimes (hereinafter referred to as the "Special Economic Crimes Act").
The Defendant is a director of the “C” as a drug wholesaler in the Geum-gu, Busan, who actually operated the said company.
Defendant D along with the above C’s representative, at the office of the victim F’s “G” corporation of the victim F, which was located on September 2, 2012, the Busan Fri-gu E and the second floor, the Defendant supplied the drugs to the Plaintiff, and the Defendant would provide the Defendant with the drugs to the main hospital or the pharmacy within 90 days, and offer the collateral.
“.....”
However, at the time, the defendant did not have any particular property, while the defendant committed a debt of about 140 million won, and the above D did not have any property worth providing as security for the victim because there was no particular property.
In addition, the Defendant and D did not supply most of the medicines supplied by the damaged persons to the hospital or pharmacy, and sold them to the other drug wholesalers at a price lower than the supply price.
Therefore, even if the defendant and the above D received the medicine from the injured party, they did not have the intent or ability to pay the price to the injured party within 90 days.
The Defendant, together with D, deceiving the victim as above, and then, from September 12, 201 to April 18, 201, the total market price of KRW 63,671,671,00 from around September 12, 2012 to around April 18, 201.