A defendant shall be punished by imprisonment for six months.

An applicant for compensation shall be dismissed.

Punishment of the crime

1. The Defendant is a person who operated the “C pharmacy” in Busan Shipping Daegu B.

On June 16, 2014, the Defendant concluded that “Around June 16, 2014, the Defendant borrowed KRW 60 million from the pharmaceutical company to the victimJ, a single customer, “I will pay the pharmaceutical company without recourse to the charges of the Medical Insurance Corporation, which is paid by the pharmaceutical company.”

However, the Defendant, at the time, had not reached approximately KRW 300 million of personal debt and had no particular property or revenue source, expected to use the loan to prevent the return of existing debt unrelated to the drug price, and there was no intention or ability to pay the loan to the victim according to the agreement, as the Corporation's charge in excess of KRW 10 million should be used in both the repayment of the existing debt and the living expenses.

Accordingly, the Defendant, by deceiving the victim as above, was given KRW 60 million in total, from the victim, as a drug price, including KRW 15 million on the same day, KRW 15 million on the 17th day of the same month, and KRW 30 million on the 18th day of the same month.

2. On October 20, 2014, the Defendant made a false statement to the effect that “The Defendant would immediately repay the victim’s additional KRW 1.5 million if he/she lends it to the victim.”

However, the Defendant was expected to use the above borrowed money for preventing the return of the existing debt due to the lack of financial situation as above, and there was no intention or ability to repay the borrowed money according to the agreement because there was no particular hospitalization or property at the time.

Accordingly, the Defendant, as seen above, was accused of the victim and was given 1.5 million won from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to J;

1. Application of investigation reports (in relation to attachment of NIC evaluation information replies), replys to inquiries, and Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Orders for compensation;