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(영문) 서울고등법원 2018.05.31 2017노3731
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

One copy of the contract for the lease of seized real estate (a certificate.).

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (two years of imprisonment, confiscation) is too unreasonable.

B. The prosecutor of the public prosecutor’s office, on the grounds of appeal, presented a mistake of facts other than unfair sentencing grounds, and withdrawn the misunderstanding of facts on the third public trial date.

The sentence sentenced by the court below is too uneasible and unfair.

2. The prosecutor, ex officio, deleted from the name of the crime against the Defendant, the term “crime of fraud” and “violation of the National Health Insurance Act” among the crimes committed against the Defendant, and deleted the term “Article 115(2)5 of the former National Health Insurance Act (amended by Act No. 14084, Mar. 22, 2016)” in the applicable legal provisions, and applied for the amendment of the indictment with the content of changing the facts charged to the following [the revised facts charged].

The judgment of the court below is no longer maintained as the subject of the judgment was changed by this court's permission.

[Revised Facts charged] On November 25, 2016, the Defendant was sentenced to six months of imprisonment and one year of suspended execution as a crime of violating the Road Traffic Act at the Busan District Court’s Busan Branch Branch on November 25, 2016, and the judgment became final and conclusive on December 3, 2016.

The Defendant employed a pharmacist even though he is not a pharmacist, and operated a so-called "pharmacy for the Department of Affairs", and tried to forge and post a pharmacist's license in order to let him look at as a pharmacist, and sell spawn drugs at will, thereby acquiring unjust profits.

B and H are pharmacists employed by the defendant.

1. Violation of the Pharmaceutical Affairs Act (the establishment of an unqualified pharmacy);

(a) No person, other than a pharmacist or herb pharmacist, who commits a joint crime with the defendant and H, shall establish a pharmacy;

On June 2013, the Defendant would pay approximately KRW 6 million a month in return for the establishment and operation of a pharmacy in his/her name to a drug private H, who reported the job placement advertisements posted on the Internet “Sampbook” website at the J pharmacy located in Seocheon-si I, Seocheon-si.

The proposal, H accepted it.

Accordingly, the defendant around June 3, 2013.

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