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(영문) 수원지방법원 평택지원 2015.12.17 2015고단1374
사기
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who operates a D pharmacy in Pyeongtaek-si C, and the victim E-Pamp Co., Ltd. is a drug wholesale company that supplies drugs to the above pharmacy.

On May 9, 2014, the Defendant was supplied with drugs equivalent to KRW 104,429,537 from July 29, 2014 to March 23, 2015, when the Defendant informed the victim of the fact that a request for rehabilitation had been filed with the Seoul Central District Court of the fact that the supply of the said drugs would be discontinued, not notifying the victim of the fact that the supply of the drugs would be discontinued. Notwithstanding the supply of the drugs from the victim company, the Defendant was supplied with the drugs equivalent to the sum of KRW 104,

Accordingly, the defendant, by deceiving the victim company, acquired the property owned by the victim company.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes of the Director General;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. Determination on the application of sentencing guidelines of Article 62 (1) of the Criminal Act on the suspended execution of sentence: The scope of recommending sentencing guidelines of applicable O: General frauds in consideration of all the circumstances, including the amount of failure to repay the base area (from June to June) of category 1 (less than KRW 100 million) (the amount of 37,743,386) and the fact that there is no criminal power;

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