A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant, from around 2006 to March 2010, worked for D Company (Change of name to E Company) which is a drug wholesaler, from around 2006 to around 2010, was a person who acquired and operated the said D Company from around April 2010 to the present date.

The defendant is supplied with drugs by the victim FF Bank Co., Ltd., and in fact, he did not supply drugs to G convalescent hospital and H hospital and sold them to other wholesalers. However, the FF Bank Co., Ltd., which received ex post discount on the price of the drugs to the above hospital and issued the drugs to the above hospital each month after receiving a prescription confirmation from the above hospital and submitted it to FF Bank Co., Ltd., with the intention to acquire the amount of discount after the issuance of the drugs.

On April 2010, the Defendant: (a) at the Busan Branch Office in Busan Metropolitan City, which is located in Busan Metropolitan Government, the Victim Fast Co., Ltd., (b) sold medicines to other wholesalers, not to supply the Fast care hospital; (c) however, the Defendant, while hiding such fact, has changed the supply of medicines to the said hospital as if he actually supplied the medicines to the said hospital; (d) on May 2010, the Defendant received the supply of medicines from J from the person in charge of the branch office in Busan Metropolitan City, and (e) obtained the pecuniary profits equivalent to the said amount at ex post discount from around 50,326 won; and (e) from around that time until October 2014, the Defendant acquired the pecuniary profits equivalent to the said amount by deceiving the supply of the medicines to the Fast care hospital and H hospital, as described in the attached list of crimes, from around 153,687,561 won in total to October 2014.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. A protocol concerning the examination of suspect by the prosecution of K (including copies thereof);

1. Each prosecutor's statement made against L, M and J;

1. In the investigation report (Attachment to N Trading Director), each trading ledger, investigation report (Attachment to G convalescent and N Medicines Supply Statements), G hospital receives N Medicines from E company.