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(영문) 대구지방법원 서부지원 2017.07.07 2017고단302
사기등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The Defendant is a person who had been working as a head of a place of business from January 1, 2012 to June 30, 2016 at the victims C (state) located in the Daegu Seo-gu Office B.

1. On March 27, 2012, the Defendant issued an order for the medicine at the Gyeongbuk Branch of the Republic of Korea (State) around March 27, 2012, and the fact was not the fact that the Defendant received an order for the medicine from D pharmacy, which is a customer, with the aim of raising the business performance. As such, the Defendant received an order for the medicine equivalent to KRW 5,490,200, total market price of KRW 5,490,200 from the above pharmacy using PDA as if he received an order for the medicine from the above pharmacy, and then acquired the order from the victim company from March 21, 2016, from that time to March 21, 2016, by obtaining the delivery of the medicine equivalent to the total market price of KRW 148,228,548, total of 65 times in total, such as the

2. On March 2012, the Defendant, a private person, made 18 seals in the “G” located in the Daegu-gu, Daegu-gu, Seoul-gu, without the consent of HJ pharmacist I for the purpose of using them in the drug order as above, and produced 18 seals as shown in the attached list of crimes (2). On March 27, 2012, the Defendant used the false label to affix the forged seals in the transaction statement of the drug in the above order as if they were duly formed. From then on March 21, 2016 to March 21, 2016, the Defendant used them in the attached list 65 times in total and forged the seals in the transaction statement as shown in the attached list of crimes (3) and used them at the above date, place, and at the same time and place as shown in the attached list 35 days in the attached list of crimes to the distribution center’s employees, etc. who do not know that the seals attached to I were affixed.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning examination of the police concerning L;

1. Statement made by the police against M;

1. A forged seal, photograph, or forged seal imprint;

1. Police seizure records and list of seizure;

1. Investigative Report (related to the amount damaged by the trade list);

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