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A defendant shall be punished by imprisonment for three years.
Reasons
Punishment of the crime
On November 13, 2014, the Defendant was sentenced to six months of imprisonment with prison labor at the Seoul Central District Court on November 13, 2014 and the said judgment became final and conclusive on January 29, 2015.
In selling a pharmacy, it is the market price to pay approximately KRW 150,000,000 per daily average of 100 per 100 medical prescriptions of the hospital to the existing pharmacy, and the defendant paid only the premium which has been used for other purposes to the pharmacist who wants to open a pharmacy with a large prescription of the hospital, and then opened the pharmacy after taking over it, and received the remaining difference as a consulting fee.
Around July 2010, the Defendant made a false statement to the victim C (n, 51 years of age) who is a pharmacist at a restaurant located in the Gangnam-gu Seoul Metropolitan Government Seo-dong, stating that “A pharmacy with at least 400 medical prescriptions from the hospital will be opened in Hau. A pharmacy is required to have a level of KRW 550 million under the pretext of consulting expenses and premium for the establishment of a pharmacy.”
However, even if the Defendant received the above money from the victim, it is thought that only paid and accepted only the premium which has been used for the previous purpose, and that the remaining money will be brought about under the pretext of consulting expenses, so the Defendant did not intend to pay and take over large amount of premium and transfer it to the victim. In addition, even if a new store was established by leasing it to a pharmacy, there was no intention or ability to establish several hospitals in the building in question so that it would be given more than 400 medical prescriptions for more than 150 million won per day, and there was no ability to repay the amount received from consulting expenses because the Defendant failed to pay more than 200,000 won of debts owed to financial institutions and other persons and paid more than KRW 150,000 per month due to the mother's hospital expenses, etc.
The defendant has been employed as a hearing aid office around September 2012.