A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

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

Around May 2008, the Defendant and C conspired to establish and operate a pharmacy by borrowing the name of a pharmacist from C, but the amount of KRW 160 million for the establishment of a pharmacy shall be borne by the Defendant, and the Defendant shall pay KRW 500,000 per month to C as the expenses and benefits for lending the name. C is in charge of pharmaceutical affairs after attending the same pharmacy, and C is willing to use the Busan Bank Account from the National Health Insurance Corporation to receive medical care benefits paid from the Defendant.

A. Accordingly, around May 2008, the Defendant and C prepared medicines by leasing the Suwon-gu D, Busan around the end of May, 2008, and the fact is that the Defendant established and operated a pharmacy, notwithstanding the fact, C registered the establishment of a pharmacy in the name of “E pharmacy” around June 30, 2008 according to the above agreement, with the name of “E pharmacy.” From this point to March 11, 2012.

B. In addition, around March 12, 2012, the Defendant and C provided medicines by leasing the Busan East-gu F, Busan, and the fact that the Defendant established and operated a pharmacy, notwithstanding the fact that the Defendant established and operated the pharmacy, the Defendant registered the establishment of the pharmacy at the Busan East-gu, Busan, with the trade name of “G pharmacy” on the same day according to the agreement, and thereafter registered the establishment of the pharmacy at the Busan, East-gu, Health Center from this point to June 30, 2012.

Accordingly, the defendant conspireds with C to establish and operate a pharmacy by the defendant who is not qualified to establish a pharmacy.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud);

A. The Defendant, who acquired the benefits of medical care from June 30, 208 to March 11, 2012, is the “E pharmacy” as stated in the foregoing paragraph 1-A, and from March 12, 2012 to June 30, 2012, the “G pharmacy” as stated in the foregoing paragraph 1-B, and even though the Defendant, who is not qualified to establish a pharmacy, opens and operates a pharmacy personally, C, a pharmacist, is a pharmacy.