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A defendant shall be punished by imprisonment for not less than eight months.
Provided, That the execution of the above punishment shall be suspended for two years from the date the above judgment becomes final and conclusive.
Reasons
Punishment of the crime
From May 10, 201 to November 15, 2011, the Defendant engaged in the victim D Co., Ltd. (hereinafter “victim Co., Ltd.”) located in Gangdong-gu Seoul Metropolitan Government as a business employee, provided nationwide pharmacies with drugs owned by the victim’s company after receiving an order from the victim’s company, and provided the same to the public, and subsequently, in charge of the business of collecting the price, the Defendant was urgently required to be exempted from compulsory execution at one’s own house due to personal debt relations. As such, as if the Defendant supplied the drug in a more quantity than the actual medicine amount ordered by the pharmacy, which is the customer, the Defendant issued a false order to the victim company, and recovered the remaining drugs after deducting the actual necessary quantity, and then acquired the difference by selling the drug at another pharmacy at the low price.
1. During the period from July 19, 2010 to September 3, 2011, the Defendant made a false statement to the victim company’s office, stating that “The Defendant was ordered to receive medicines equivalent to KRW 1,651,100 from the F Pharmacy located in Yangju-si E.” from the victim company’s name in the victim company’s office.
However, in fact, since the above pharmacy orders the drug amounting to KRW 1,100,000 from the above pharmacy, it was thought that the drug amounting to KRW 551,100 was sold to another place and acquired the difference by fraud.
As such, the Defendant, by deceiving the above employees in the name of the above, received medicines of KRW 1,651,100 from the said F Contracting State, and acquired medicines of KRW 551,10 from the said F Contracting State to the said F Contracting State, and acquired medicines of KRW 551,10 from May 10, 201 to November 201, and acquired the medicines of KRW 60,563,866 from May 10 to November 201 as indicated in the crime list.
On July 19, 2011 from July 19, 201 to September 3, 2011, the actual amount of damage (won) by the order quantity of the pharmacy located in Geumcheon-gu Seoul Metropolitan Government at the time of the No. 1,651,651,100 1,100,100,51,100 51,100 2 from June 16, 2010 to November 201, 201, H pharmacy 3,923,3488,70,003,223,348 March 3, 248, 208.