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(영문) 청주지방법원 제천지원 2018.02.01 2016고단536 (1)

의료법위반등

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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;

The Defendant and B established and operated this pharmacy. The Defendant and B agreed to establish a pharmacy in the name of the Defendant who is a pharmacist and pay the Defendant KRW 5,00,000 monthly wage. B, from April 2013 to May 2013, the Defendant and the Defendant established a pharmacy in the above building 150,00,000 under the name of the deposit money for the portion of approximately 15 square meters of the first floor of the above building to be used as a pharmacy to D who leased the first floor and the second floor of the building from April 2013, and around April 24, 2013, the Defendant prepared for the establishment of a pharmacy in the above building 15 square meters of the deposit money for the portion of approximately 15,00,000,000, monthly rent 2,000,000, and the establishment of a lease contract in the name of the Defendant around June 27, 2013.

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

2. Any person who opens a pharmacy in violation of the Pharmaceutical Affairs Act, or any person who prepares and sells medicines under his/her employment, shall not be entitled to receive insurance benefits from the National Health Insurance Corporation, and no one shall receive insurance benefits from the National Health Insurance Corporation by fraudulent or other illegal means;

After the Defendant and B established a pharmacy called “F pharmacy” as stipulated in paragraph (1), they run as if the above pharmacy was legally established under the Pharmaceutical Affairs Act. On August 1, 2013, around July 201, the Defendant and B claimed expenses for medical care benefits to the National Health Insurance Corporation (hereinafter “National Health Insurance Corporation”) and then received reimbursement of KRW 4,575,040 from the National Health Insurance Corporation (hereinafter “National Health Insurance Corporation”) around August 19, 2013.

As a result, the Defendant was paid insurance benefits from the National Health Insurance Corporation by fraud or other improper means in collusion with B, and received property by deceiving the National Health Insurance Corporation.

Summary of Evidence

1. Part of the defendant;

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