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(영문) 서울남부지방법원 2012.08.23 2011고합432
특정경제범죄가중처벌등에관한법률위반(사기)
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A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The Defendant is the representative director of the “C Co., Ltd.” as a medicine wholesale and retail company.

Around June 2009, the Defendant, at the office of the victim E (hereinafter “E”) located in Dongjak-gu Seoul Metropolitan Government (hereinafter “E”), urged the victim to the effect that, “If he supplies E medicines to C Co., Ltd. (hereinafter “C”), he would pay the price without molding it.” On September 2009, the Defendant, at the above office of the first police officer in early 2009, would make the Defendant would pay the rent to F as if he would normally have paid the rent deposit to F, and that “the Defendant would transfer the right to claim the return of fake rent of KRW 420,00,00,000, which the Defendant holds against F, to the victim” as security, provided the claim transfer and takeover contract to the effect that “if he supplies medicines to C Co., Ltd., Ltd., he would pay the price without molding it.”

However, at the time of fact, the Defendant had already been supplied with drugs on credit from various pharmaceutical companies in excess of his/her liability and had no intent or ability to pay the amount thereof even if he/she was supplied with drugs from the victim. At that time, the Defendant was in a state that he/she was fully unable to pay the lease deposit amount of KRW 420,000,000, and was in a state that he/she was incapable of paying the lease deposit. Therefore, the above contract for transfer and takeover of claims

As such, the Defendant, by deceiving the victim, was supplied with medicines equivalent to the total amount of KRW 451,040,370 between September 7, 2009 and September 10, 2009, and acquired them by deception.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Each legal statement of a witness G, H, I, and J;

1. Statement made by K witness in the third protocol of the trial;

1. One-time suspect examination protocol of the accused by the prosecution;

1. Each written agreement, and

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