beta
(영문) 의정부지방법원 2018.01.08 2017고단4835

사기등

Text

1. Defendant A shall be punished by imprisonment with prison labor for a year and four months;

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

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

A. Defendant A and Defendant C’s joint crime committed an act of opening a pharmacy, not a pharmacist, by employing Defendant C, and preparing an application for the establishment of a real estate contract and pharmacy in the name of Defendant C. The bank account in the name of Defendant C is registered with the National Health Insurance Corporation as a pharmacy account, and Defendant C agreed from Defendant A to receive a certain amount as the price for the above act and the wage of an employment pharmacist, and actually agreed that Defendant A’s establishment and operation of a pharmacy as if Defendant C opened a pharmacy.

Defendant

A, following the above public offering on December 22, 201, registered the establishment of a pharmacy under the name of Defendant C with the competent authority around December 22, 201, and, from around that time to March 21, 2012, the “H pharmacy” located in Gyeonggi-gun G, Gyeonggi-do to pay a monthly pay of KRW 4 million to Defendant C, and Defendant C was in charge of overall operation of the pharmacy, and Defendant C prepared the real estate agreement and the establishment of the pharmacy in his/her own name, and operated the above pharmacy by means of preparing and selling medicine as an employment pharmacist after opening a bank account in his/her own name.

As a result, the Defendants conspired to establish a pharmacy in violation of the prohibition of establishing a pharmacy by a person other than a pharmacist.

B. Defendant A and Defendant B conspired to establish a pharmacy by employing Defendant B, who is a pharmacist, in the same manner as the above paragraph (a), and registered the establishment of a pharmacy with the competent authority around March 22, 2012, and operated the above pharmacy from around that time to March 30, 2013 in the same manner as the above paragraph (a).

As a result, the Defendants conspired to establish a pharmacy in violation of the prohibition of establishing a pharmacy by a person other than a pharmacist.

참조조문