beta
(영문) 인천지방법원 2018.10.19 2017고합686

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

Defendant

A Imprisonment for three years, for one year, for one year, and for one year and six months, for each of the defendants C.

(b).

Reasons

Punishment of the crime

1. Joint crimes committed by Defendant A and Defendant C

(a) Anyone who violates the Pharmaceutical Affairs Act shall be prohibited from opening a pharmacy;

Nevertheless, Defendant A, who is not a pharmacist, invested funds necessary for the operation of a pharmacy, such as lease deposit and drug price, in a coffee shop located in the Incheonandong, which is a pharmacist, around June 2014, Defendant C and Defendant C conspired to establish a D pharmacy in the name of Defendant C on condition that Defendant C would have been paid back the debt owed before the pharmacy was operated.

Defendant

A and Defendant C established a pharmacy under the above public offering on July 3, 2014, and Defendant C paid KRW 30 million from July 3, 2014 to November 12, 2015, and Defendant A purchased drugs using a card in his/her own name, and actually operated D pharmacy while in charge of the management of care benefit accounts, computer work, and management of entrance and departure. Defendant C established a pharmacy in violation of the provisions prohibiting the establishment of a pharmacy by preparing and selling pharmaceutical drugs to a person who is not a pharmacist.

(b) If a person who has not violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) opens a pharmacy and prepares and sells medicines, he/she shall not claim medical care benefits costs under the National Health Insurance Act.

Nevertheless, from July 3, 2014 to November 12, 2015, the Defendants conspired to establish a pharmacy by Defendant A, not a pharmacist, at the above D pharmacy, but at the National Health Insurance Corporation (hereinafter “National Health Insurance Corporation”) as if he was a normal pharmacy. Accordingly, the Defendants received KRW 56,934,250 in total from the person in charge of the National Health Insurance Corporation, as shown in Appendix I, to receive the payment of care benefits, as shown in Appendix I.

2. Joint crimes committed by Defendant A and Defendant B

(a) Anyone who violates the Pharmaceutical Affairs Act shall be prohibited from opening a pharmacy;

Nevertheless, Defendant A, who is not a pharmacist, is a pharmacist, and at the D pharmacy located in Nam-gu Incheon Metropolitan City around October 2015, Defendant A is a lease deposit.