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(영문) 부산지방법원 2013.06.05 2013고정1316

사기등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

From September 16, 2008 to September 16, 2008, the Defendant is a full-time pharmacist of a medical corporation E Hospital located in Busan District D (hereinafter referred to as “E Hospital”); F is from August 8, 2008 to September 30, 2009; G is from January 29, 2010 to September 25, 201; and H is an employee of a medicine room of each E Hospital from June 25, 2010 to June.

1. On October 4, 2008, the Defendant conspired with I, the representative of the E Hospital, claiming for the drug preparation expenses to the victim of the National Health Insurance Corporation on November 10 of the same year, as the patient J, K, L, 18th of the same month, patients M, N, andO, as he/she administered the drug he/she prepared.

However, the Defendant was unable to work on Saturdays and Sundays, and was unable to take a job due to leave, etc. during that period, and was allowed to prepare F, G, and H drugs, which are general employees of a dispensary, without having another pharmacist act on behalf of him.

On December 1, 201 of the same year, the Defendant, by deceiving the above victim, received a total of KRW 2,196,710 from the victim to the Busan bank account (P) in the name of the above I as well as from around around the time to June 28, 2012, by remitting KRW 2,196,710 in total under the same name as shown in attached Table 2 of the Crimes List 2.

2. A person who is not a publicly-managed pharmacist for a violation of the Pharmaceutical Affairs Act is unable to prepare medicines, and the Defendant should have the medicine room employee F, G, and H only work assisting him. However, even if the Defendant was on the job, the Defendant conspired with F, G, and H to allow him to prepare medicines.

On October 4, 2008, F in the above E Hospital: (a) even though the Defendant did not voluntarily prepare drugs even though he did not work, and (b) around that time, the Defendant, a pharmacist, as shown in attached Table 3, did not work until September 26, 2009.

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