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(영문) 수원지방법원 2016.03.09 2014고단6513 (2)

약사법위반등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. No person other than a pharmacist who violates the Pharmaceutical Affairs Act shall open a pharmacy;

C and D, even though they are not pharmacists, around November 1, 2010, in the “G pharmacy” located under the building EF in the Bupyeong-gu, Seocheon-gu, Seocheon-gu, Seoul. Around November 2010, after having D’s husband invest Ha with the leased deposit money from I (the husband of J D) and leased the above pharmacy, C and D were stationed in the above G pharmacy, while having C and D reside in the above G pharmacy and take charge of computerized work (referring to work such as entry, medical care benefit claim, etc.), purchase of medicine, care benefit account management, and deposit management, etc., while operating a pharmacy from December 15, 201 to January 18, 201.

Accordingly, the Defendant conspiredd with C or D to establish a pharmacy in violation of the prohibition of establishing a pharmacy by a person other than a pharmacist.

2. If a person, other than a fraudulent pharmacist, opens a pharmacy and prepares or sells medicines, he/she shall not claim expenses for medical care benefits under the National Health Insurance Act;

The Defendant conspired with C and D from around December 15, 2010 to January 18, 2011, in collusion with C and D to establish a pharmacy and prepared and sold medicines as a pharmacist employed by the Defendant, but filed a claim for medical care benefits with the National Health Insurance Corporation as shown in the attached list of crimes as if he/she were a normal pharmacy, and then received KRW 7,83,860 in total from the person in charge of the National Health Insurance Corporation, who received the Defendant’s medical care benefits related to the preparation and sale of medicines and the amount of medical care benefits.

Summary of Evidence

1. A protocol concerning the examination of suspect by a part of the prosecution against the defendant, D, K, or C;

1. A protocol of partial prosecutorial statement concerning J and H;

1. Investigation report (28) and replies, investigation report (30) and accompanying sights;

1. The application of Acts and subordinate statutes of subparagraph (A) of account transactions, including the register of G pharmacy pharmacies, a detailed statement of ordinary deposits (L banks, D), an application for registration of pharmacy establishment, and a report on closure of business;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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