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(영문) 부산고등법원 (창원) 2014.12.10 2014노95
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (three years of imprisonment with prison labor for a term of two years) that the court below sentenced is too unfasible and unfair.

2. The evidence, evidence, and evidence and the legal principles of each of the instant offenses are the case where the Defendant was supplied with the drugs from the victims, who are pharmaceutical companies or pharmaceutical suppliers, even though he/she had no intent and ability to pay the drugs, and acquired them by deceit. Even if the Defendant received the drugs from pharmaceutical companies or pharmaceutical suppliers, the amount of damages not recovered is about one billion won in view of the repayment or deposit amount, and thus, the crime is not less than the nature and criminality of the crime. The Defendant worked at the above pharmacy for several years before he/she took over the pharmacy of this case from J for the above pharmacy, and had already worked as the management pharmacist for about 1.2 billion won at the time of taking over the pharmacy of this case, and there was no other specific plan to reduce the above debts, and then, he/she continued to receive the drugs from the pharmaceutical companies including the victims, or the pharmaceutical suppliers and continued to receive the drugs from the pharmaceutical suppliers, and thus, he/she has committed so-called an objective and neutral crime that prevents the Defendant from returning the existing drug payments in the process of this case.

However, the Defendant is punished twice as a fine for the violation of the Pharmaceutical Affairs Act, and there is no previous offense except for the punishment for the violation of the Narcotics Act once as a fine, and the Defendant does not have any reason to deny the Defendant’s intentional acquisition, but with respect to the land and building where the instant pharmacy is located, the compulsory auction procedure is commenced, making it difficult to operate the instant pharmacy more difficult, and the sale thereof makes the instant pharmacy more difficult.

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