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1. Defendant AD
A. Defendant AD shall be punished by imprisonment with prison labor for ten months.
(b) for two years from the date this ruling becomes final;
Reasons
Punishment of the crime
1. Criminal records;
A. On March 26, 2014, Defendant AD was sentenced to one year of imprisonment for fraud at the Busan District Court, and the judgment became final and conclusive on July 15, 2014.
B. On January 24, 2019, Defendant A was sentenced to two years and eight months by imprisonment with prison labor for violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Busan High Court on the Aggravated Punishment, etc. of Specific Economic Crimes, and the judgment became final and conclusive on February 1, 2019.
2. Criminal defendant AD is a representative in the name of a pharmaceutical wholesale company's business registration in the name of "AF" in the Fe-gu Busan Fe-gu, which is operated with defendant A, and defendant A is a director of the above company and has overall control over its operation.
around June 28, 2012, the Defendants conspired to the effect that “The Defendants would sell drugs to AH (the age of 45) as business employees of the Victim AG (hereinafter “AG”) at the above “AF office” office, and would make payments on the last day of each month by selling them to the prime hospital or pharmacy.”
However, the Defendants: (a) borrowed only KRW 57 million from those who did not have any particular business funds or assets since the opening of the business; and (b) failed to pay the amount properly even if they were supplied with drugs because they did not receive the payment from the customer; (c) due to this, Defendant A’s debt amount was 57 million won, Defendant A’s debt amount was 140 million won; and (d) it was difficult to obtain a guarantee from AI Co., Ltd.; and (c) there was no intent or ability to pay the amount in accordance with the agreement even if they were supplied with drugs from the victim; and (d) a significant portion of the medicines so supplied were disposed of as salt to other drug wholesalers who are not hospitals or pharmacies, and used them for the repayment of debt.
Nevertheless, the Defendants made a false statement to AH of the victim company as seen above, and its affiliation from June 28, 2012 to October 23, 2012.