A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is a person who operated a pharmacy from February 16, 2002 to October 9, 2017 under the trade name of “C pharmacy” in Echeon-si B.

On August 31, 2017, the Defendant stated that “The Defendant would deliver drugs to E and pay the price after two months,” to the employees of the victim D Co., Ltd.

However, in fact, since the financial situation of a pharmacy has deteriorated from May 2017, the Defendant had failed to pay the rent of KRW 150 million in total for five months, and the sum of the rent of a pharmacy was 30 million in excess of the amount of wages for employees, and the other drug clients have failed to pay the price properly. Therefore, even if the Defendant received drugs from the victim, he/she did not have any intention or ability to pay the price.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) received drugs equivalent to KRW 1,84,083 at the market price around August 31, 2017 from the victim; and (c) received drugs equivalent to KRW 141,238,645 in total on 85 occasions from around that time to October 7, 2017, as stated in the attached crime list.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A complaint filed by D Co., Ltd.;

1. The statement concerning F;

1. A written agreement and a detailed statement of drug transactions;

1. A detailed statement of refund of accounts receivable;

1. Certificates of remittance, tax invoices, ordinary payments, and current status of return;

1. A statement of accounts transactions in corporate banks and G banks;

1. Details of settlement;

1. Application of Acts and subordinate statutes on settlement of accounts by customer;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. 5 months from the scope of recommendation to the two years from the date of recommendation (where the degree of the act of deception is weak, the amount of punishment shall not be imposed);

2. The amount of damage resulting from the determination of sentence shall be considered in terms of unfavorable circumstances, but the difference between time and time, and the accumulated amount of non-performance in transactions pending with the victim, which results in this case.