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인천지방법원 부천지원 2017.11.27 2017고합115

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

1. Defendant A shall be sentenced to two years of imprisonment, and Defendant B shall be sentenced to a fine of thirty thousand won,00,000 won.

2. Defendant B is the above fine.

Reasons

Punishment of the crime

[criminal history] Defendant A was sentenced to six months of imprisonment and one year of suspended execution due to a violation of road traffic law at the Incheon District Court's Busan District Court's Branch on November 25, 2016, and the above judgment became final and conclusive on December 3, 2016.

[2] Defendant A, even though he is not a pharmacist, employed a pharmacist and operated a so-called "pharmacy of office", intended to forge and post a pharmacist's license in order to let him see it as a pharmacist, and attempted to acquire unjust profits by arbitrarily preparing and selling save drugs, etc.

Defendant

B and H (the claim for summary order on the same day) are pharmacists employed by Defendant A.

1. Joint crimes committed by Defendant A and H (around that time, a summary order of KRW 15 million was issued by this Court Decision 5498, Jul. 21, 2017; and a summary order of KRW 15 million was finalized).

(a) No person other than a pharmacist or herb pharmacist who violates the Pharmaceutical Affairs Act shall establish a pharmacy;

Defendant

A around June 2013, J pharmacy located in Seocheon-si I will pay approximately KRW 6 million a month in return for the establishment and operation of a pharmacy in his/her name to a drug private H who reported the job placement advertisements posted on the Internet “Samp” website.

The proposal, H accepted it.

Accordingly, Defendant A registered the establishment of a pharmacy in the name of H, a pharmacist, around June 3, 2013. From that time, Defendant A employed He from the time to December 22, 2013, and provided him with approximately KRW 6 million monthly wage to him, thereby allowing his customers to prepare and sell medicines, and Defendant A established a pharmacy in the manner of operating the said pharmacy while comprehensively managing the profits.

As a result, Defendant A conspired with H so that Defendant A, not a pharmacist, can establish a pharmacy.

(b) A person who opens a pharmacy in violation of the Pharmaceutical Affairs Act in violation of fraud and violation of the National Health Insurance Act, or who furnishes a pharmacist under his employment, is not entitled to receive insurance benefits from the National Health Insurance Corporation;