특정경제범죄가중처벌등에관한법률위반(사기)등
1. Defendant A shall be punished by imprisonment for three years.
2. Defendant B shall be punished by imprisonment for not less than two years and six months.
except that this shall not apply.
Punishment of the crime
【Basic Fact-finding】 No person other than a pharmacist or herb pharmacist shall establish a pharmacy.
Defendant
A as a member of the "L" company of pharmaceutical wholesale business, it employed a pharmacist because it is not entitled to establish a pharmacy, and registered the pharmacy in the name of the pharmacist to operate the pharmacy on its own account.
On the other hand, Defendant C, a pharmacist, had established and operated “N pharmacy” in Gyeyang-si, Yangsan-si, but was judged to be an operational personnel. However, around February 4, 2010, Defendant C knew of the fact, and suggested Defendant C to operate a pharmacy in its name by paying monthly wages of KRW 5 million per month, and Defendant C consented thereto.
Accordingly, Defendant A employed Defendant A as an employee of the above pharmacy and operated the pharmacy in the position of leading the establishment, management, and operation of the pharmacy. Defendant C employed Defendant A for the above period and lent Defendant A a pharmacist’s license while working for the above period.
[Criminal Facts]
1. Joint crimes committed by Defendant A and C;
(a) No person, other than pharmacists or herb pharmacists, shall register the establishment of pharmacies;
On June 2010, the Defendants: (a) Defendant A, without a pharmacist’s license, borrowed the name from Defendant C to run a pharmacy; (b) in return, the Defendants paid KRW 5 million per month to Defendant C as expenses for lending the name of Defendant C and for paying the medical care benefits, etc. paid from the National Health Insurance Corporation by lending the account in the name of Defendant C to Defendant A.
Accordingly, from Jun. 2010 to Jan. 23, 2011, Defendants prepared medicine at the “N pharmacy” located in Yangsan City M, and accordingly, Defendants registered the establishment of a pharmacy under Defendant C’s name according to the above agreement even though Defendant A’s establishment and operation of a pharmacy.
Accordingly, the Defendants are the defendants.