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Defendant
A shall be punished by imprisonment with prison labor for one year.
Defendant
In respect of B, a sentence of punishment shall be suspended.
Reasons
Punishment of the crime
Defendant
A is the representative of the D use of the D use of the pharmaceutical wholesaler, and Defendant B is the employee of the D use, and E is the director of the D use.
1. On September 2012, Defendant A stated that “The victim I would pay the price within 90 days after the supply of drugs to the Jeju Myeon Hospital or the pharmacy, and offer the collateral to the victim I at the H office located in G 720 located in F of Busan Y.”
However, in fact, while the defendant had no particular property at the time, while the defendant did not have any property, E did not have any property, while E did not have any property enough to provide the debt to the victim as security at about KRW 300 million. In addition, the defendant and E thought that the amount of 95% of the drug supplied from the victim to other drug wholesalers, not the hospital or pharmacy, should be disposed of at a price lower than the price provided from the victim, so even if the drug was supplied from the victim, there was no intention or ability to pay the price to the victim within 90 days.
The Defendant, together with E, was informed of the victim by deceiving the victim, and was supplied by the victim with medicines equivalent to KRW 636,716,191 in total from September 12, 2012 to February 5, 2013.
As a result, the Defendant conspired with the above E, by deceiving the victim, and received the property from the victim.
2. On December 31, 2012, Defendant B: (a) knew of the fact that he/she supplied drugs from the victim to a hospital or a pharmacy, as described in paragraph (1), at the D Pharmaceutical Office located in the Geum-gu, Busan, the Defendant, despite being aware of the fact that he/she did not supply the said drugs to the hospital or pharmacy; and (b) received instructions from the victim to prepare false sales ledger; and (c) most of the drugs supplied from the victim by means of computers, are supplied to the hospital or pharmacy, and the hospital or pharmacy.