2019 Highest 397, 2019 Highest 1935 (Consolidation)

Forgery of public document, uttering of forged public document, fraud, attempted fraud, violation of Pharmaceutical Affairs Act, and money transferred;

Violation of the Convergence Transactions Act

A women 89. Sym

Freeboard (Lawsuits) Doz. Kim Jong-sung (Public Trial)

Attorney*

July 18, 2019

A defendant shall be punished by imprisonment for one year.

Criminal History Office

2019 Highest 397,

1. Forgery of an official document;

The defendant, in collusion with the name and unclaimed winner (one name B), who is a document fabrication business operator (one name B), has forged a pharmacist's license and used it to be employed as an emergency pharmacist at a pharmacy.

A. From the end of July 2018, the Defendant sent the Defendant’s resident registration certificate to the above-mentioned person, provided photographs, names, dates of birth, etc., and put the Defendant’s photograph into the license form of a pharmacist’s license in which the official of the Minister of Health and Welfare is entered by using a computer at a place where the above-mentioned person’s name is unknown, and then used the license number No. 7********* in the name column, and “A” in the date of birth * * ** in month * in the ground column ? Article 3 of the Pharmaceutical Affairs Act, “on February 23, 2012” and “on February 23, 2012.

B. On August 23, 2018, the Defendant made again a pharmacist's license in accordance with the pharmaceutical license number issued in 2012 and then printed out the Defendant's photograph in the photograph column of the pharmacist's license form entered by the official of the Minister of Health and Welfare by using the computer at a place where it is unknown, and then printed out the Defendant's photograph in the column of the pharmacist's license number ********* in the name column, 'A' in the name column, 'A' in the life column * in 1989 *** ** in the life column ** in * in * in December 200 * in the base column * in February 27, 2012, respectively.

Accordingly, the Defendant forged two copies of a pharmacist's license in the name of the Director of the Ministry of Health and Welfare, which is an official document, for the purpose of exercising in collusion with the above person.

2. Counterfeiting of forged official documents;

At around 09:00 on August 1, 2018, the Defendant was employed as an emergency pharmacist in the location of ○○ pharmacy operated by Daro, and submitted a copy of this forged pharmacist’s license (number No. 7*********) as described in 1-A, to the above C, who was aware of the forgery, and submitted a copy of the forged pharmaceutical license (number No. 7******) and from around that time to October 18, 2018: 09:0, the Defendant submitted or presented a copy or original of the forged pharmaceutical license, which is a pharmacist’s license, which is a total of six times from that time, to October 18, 2018, to a pharmacy operator who is aware of the forgery.

3. Fraud, Fraud

The Defendant on August 1, 2018: 09:0 Busan Shipping Daegu* * ○ operated by the Victim C in * ○.

In the case of a pharmacy, a pharmacist who has worked for the victim in Seoul and who has worked for another pharmacy, would be a pharmacist in the Republic of Korea, and submits a copy of a forged pharmacist's license. However, the Defendant did not have the qualifications to be employed as a pharmacist by forging the pharmacist's license as above.

The Defendant was employed by the victim and worked for approximately 12 times from August 1, 2018 to August 31, 2018, the Defendant attempted to pay KRW 1,728,00 in the name of the Defendant’s Nonghyup Bank account (***) around August 29, 2018 from the victim to around August 14, 2018, for the same method from the total of eight victims to around November 14, 2018, by using the same amount of KRW 9,073,00 in total as the same manner as that of a pharmacist who was not paid or was not a pharmacist.

" 2019 Highest 1935"

1. Counterfeiting of forged official documents;

On August 27, 2018, the Defendant was employed as a pharmacist in the non-standing area in the Doldong-gu Kimhae-si* Dao-dong-D, and the Defendant submitted to the above D a copy of the pharmaceutical license (number 6**** *) forged on August 23, 2018 and used the forged document forgery to the said D.

(b) fraud, fraud, or attempted fraud;

On September 3, 2018, the Defendant: (a) at the place specified in paragraph (1) around September 3, 2018, the victim D worked for the victim D for three (3) years in neighboring pharmacies; and (b) submitted a copy of the drug license that was forged and falsified. However, the Defendant was not eligible to be employed as a pharmacist, such as forging the pharmaceutical license as above.

The Defendant, who was employed by the victim, worked for approximately five times from September 3, 2018 to September 7, 2018 as an emergency pharmacist, and was paid KRW 570,00 from the Defendant’s bank account (*****) in the name of the victim around September 7, 2018 and received KRW 570,00 from the victim as a benefit, from around December 4, 2018. The Defendant attempted to receive KRW 690,00 in total from five victims in the same manner from around December 4, 2018, under the same manner as a total of KRW 690,000 from the five victims, or those who were not a pharmacist.

3. Violation of the Pharmaceutical Affairs Act;

No person, other than pharmacists or herb pharmacists, shall prepare drugs, and no person, other than pharmacy founders, other than pharmacists or herb pharmacists working for the relevant pharmacy.

Nevertheless, on September 15, 2018, the Defendant: (a) prepared medicines to patients E who visited the pharmacy without obtaining a pharmacist’s license; (b) around September 15, 2018, the Defendant: (c) prepared medicines in accordance with a medication prescription prepared by the intent not to identify the names of the drugs, such as E-mail, diesel nicotine, Lebane, and Sejong caps; and (d) sold them after receiving KRW 4,100 from around that time to November 25, 2018; and (c) sold them by preparing medicines in the aggregate of KRW 3,016,80 in the same manner to patients who visited the pharmacy in total of 874 times from the pharmacy to November 25, 2018.

4. Violation of the Electronic Financial Transactions Act;

No person shall transfer the means of access used in any electronic financial transaction.

Nevertheless, on July 2018, the Defendant sent 50,000 won to 6% interest per annum from a person who was named in the name of the police officer in the middle of July 2018 in order to get loans to 50,000 won to 6% interest per annum. In response to the proposal, on July 24, 2018, the Defendant sent the means of access to the financial institution by informing the above-mentioned person of the password in the name of the Defendant’s name in front of the city of Busan around July 24, 2018 *** * * * * 1 of the physical card connected to the bank account in the name of the Defendant in the name of the Defendant.

Summary of Evidence

Omission

Application of Statutes

1. Relevant Articles of criminal facts;

Articles 229, 225, 347(1), and 352 of the Criminal Act; Article 93(1)3, and 23 of the Pharmaceutical Affairs Act

section 1, Article 93(1)7, and Article 44(1) of the Electronic Financial Transactions Act; Article 49(4)1 of the Electronic Financial Transactions Act;

Article 6 (3) 1 [Selection of Imprisonment]

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38(1)2, Article 50, and the proviso of Article 42 of the Criminal Act

Reasons for sentencing

Although there is no special criminal history of the Defendant, most of the defraudeds agreed smoothly with the defraudeds, the instant crime committed by the Defendant, in collusion with the forgery of a pharmacist’s license, was committed at least 10 pharmacies in Busan, Ulsan, and South and North Korea, which was employed at a monthly rate, and caused serious danger to public health, is not good, and it is not good that the crime of this case may harm the foundation of the pharmacist’s license system and cause serious danger to public health. In addition, at the investigation stage of the Defendant, the Defendant appears to have taken the attitude of sending intimidation text messages to persons related to the Pharmaceutical Association of Ulsan Metropolitan City, Ulsan to confirm the qualifications of pharmacist at the investigation stage, or transferring the responsibility to the pharmacy operator, etc., and the Defendant’s physical card, etc. was actually used in the scaming crime, and the victim actually occurred due to the use of the Defendant’s age, occupation, character and behavior, family relationship, living environment, circumstances leading to the crime, etc.

Judges Yellow Module