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Defendant
All appeals by prosecutors are dismissed.
The judgment below
"Two years of imprisonment" in the criminal records.
Reasons
1. Summary of grounds for appeal;
A. (1) The fact that Defendant 1 was unable to pay the drug price to Dongdong company Co., Ltd., a victim of mistake of facts, but the court below found Defendant guilty of the facts charged in the instant case even though there was an inevitable result due to the difficulty of pharmacy operation due to the implementation of a double punishment system for rebates of drugs and the delay of medical expenses by the National Health Insurance Corporation, etc., and the Defendant was not supplied with the drug by deceiving the victim from the beginning.
(2) Even if the Defendant’s conviction is recognized, the lower court’s imprisonment (six months of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. Determination
A. In full view of the following circumstances acknowledged by the lower court based on the evidence duly adopted and examined by the Defendant’s assertion of mistake of facts, the lower court fully recognizes the fact that the Defendant was supplied with drugs by deceiving the victim on the agreed date, even though he was aware that the Defendant would not be able to properly pay the price even if he was supplied with the drugs from the victim, since the Defendant had experienced considerable difficulties in operating the instant drugs at the time of being supplied with the instant drugs by the Defendant.
① At the time of the instant case, the Defendant had suffered considerable economic difficulties in the operation of pharmacies.
In other words, even if the defendant's statement was based on the defendant's statement, the price for the medicine that the defendant had not been supplied with the medicine from the victim on or around March 2012 was 50 million won in total. On May 201, 201, the defendant's pharmacy loaned 50 million won to the defendant's pharmacy as security for the future from the National Health Insurance Corporation and paid interest equivalent to 200,000 won in each month. From F, around 2010, the defendant borrowed 100,000 won in each month.