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(영문) 서울중앙지방법원 2017.12.21 2017고단4631

사기등

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

The Defendant invested money together with C and D, a university, to operate F pharmacies (hereinafter referred to as “F Pharmacies”) in the form of a Dong business in Busan-gun E and 1st floor, and entered into a lease agreement with D as lessee.

On July 8, 2010, the Defendant had C register the establishment of a pharmacy in the name of C, and the Defendant had the above pharmacy operated in a substantial manner.

1. Any pharmacist who violates the Pharmaceutical Affairs Act may open only one pharmacy;

The Defendant is a pharmacist who established and operated a “H pharmacy” in Ulsan-gu G from August 29, 2011 to December 14, 2015.

Although the Defendant had already established a pharmacy as above, the Defendant paid monthly wages to C, a pharmacist, from July 8, 2010 to December 14, 2015, and the Defendant established “F pharmacy” from July 8, 2010 to December 14, 2015 under C’s name.

2. Forging a private document;

A. On May 2013, the Defendant: (a) ordered I, the head of the pharmacy, to use a pharmacy for the purpose of uttering at the F pharmacy around May 2013; (b) issued a real estate lease contract form on the Internet portal site; and (c) stated I, the name of the lessor, “K,” and the name of the lessee in the area column of the building in Busan Metropolitan City E; (d) “118.41 square meters” in the area column; (e) “118.41 square meters” in the deposit column; (e) “this million won is fixed; (e) from May 13, 2013 to May 12, 2016; and (e) stated the lessor’s name and the lessor’s resident registration number in the lessor column; and (e) stated the lessee’s name and the name of the lessee in the L/C column in the name of the lessee in the name of the Plaintiff in the name of “M-U. 1, 2013” and then printed the name of the Plaintiff.

Accordingly, the defendant conspireds with C.

참조조문