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(영문) 청주지방법원 2015.06.18 2014고단1978
사기
Text

A defendant shall be punished by imprisonment for not less than eight 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 works as a management pharmacist at the “E pharmacy” located in Chungcheong-gun D, Chungcheong-gun, and, on March 2008, filed an application for personal rehabilitation with approximately KRW 3.5 million and repaid the debt of KRW 500,000,000 per month from the time when the Defendant repaid the debt of KRW 500,000,000, the Defendant was found to have been subject to a penalty surcharge of KRW 100,000 from the National Health Insurance Review and Assessment Service after he was found to have been subject to a penalty surcharge of KRW 10,00,000 from the said pharmacy, it was difficult to properly purchase medicines from a pharmacy, and thus, he was

On March 26, 2012, the Defendant: (a) at a cafeteria near the “E pharmacy” location; (b) on the false statement, the Defendant: (c) on the part of the Plaintiff, it is unclear whether the Plaintiff may borrow KRW 100 million even if he/she provides a pharmacist’s license as security after the completion of the individual rehabilitation procedure; and (d) even if he/she borrows money from the victim, the plan to use the said license is not to accept E; (b) notwithstanding the absence of the intent to accept the said license, the Defendant, “E is working for the management pharmacist at the E pharmacy; (c) he/she is in need of KRW 100 million to take over the E pharmacy; (d) on the other hand, he/she may borrow KRW 20 million from the pharmaceutical license as security; and (e) on the other hand, he/she shall receive KRW 80 million from the victim for the loan of KRW 30 million from the victim.

Summary of Evidence

1. Legal statement of witness F;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to a certified copy of a notarial deed;

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

1. The following circumstances acknowledged by the evidence prior to the conviction of Article 62(1) of the Criminal Act, namely, the Defendant did not raise funds for the purchase of drugs, which would have paid a penalty surcharge of KRW 100 million in operating income.

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