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Defendant
A Imprisonment with prison labor for three years and for one year and six months, respectively.
except that from the date of this judgment.
Reasons
Punishment of the crime
1. The Defendants’ co-principal
(a) No person, other than a pharmacist or herb pharmacist, shall establish a pharmacy in violation of the Pharmaceutical Affairs Act;
Nevertheless, Defendant A, who is not a pharmacist, proposed to the effect that “A will take place KRW 3.2 million each month as the name of a license for the establishment of a pharmacy in the name of the Party,” and Defendant B consented thereto and opened a pharmacy in the name of “C pharmacy” around March 6, 2006. From around that time to December 26, 2019, Defendant B, who was employed by Defendant B, was employed by Defendant A as a pharmacist in the above pharmacy (from March 31, 2017 to December 26, 2019).
Accordingly, the Defendants conspired to establish a pharmacy operated by Defendant A, not a pharmacist.
(b) No person, other than a pharmacy established under the Pharmaceutical Affairs Act in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, may claim medical care benefit costs;
Nevertheless, the Defendants are above-mentioned.
In the same manner, Defendant A, who is not a pharmacist, submitted a statement to the Health Insurance Review and Assessment Service under the Pharmaceutical Affairs Act by pretending that the pharmacy established by Defendant A is a pharmacy legitimate under the Pharmaceutical Affairs Act, and requested review by submitting the statement, and received KRW 302,440 from the victim of the National Health Insurance Corporation who believed the result of review by the Health Insurance Review and Assessment Service and received KRW 302,440 on May 9, 2006 from around that time to October 22, 2019, and received KRW 711,546,350 in total from the victim as the name of health care benefit costs by the same method, such as the list of crimes (1) in the attached Form
Accordingly, the Defendants conspired with each other, and thereby, the victim.