The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for a year and six months.

(b).

Summary of Grounds for Appeal

A. The defendants' punishment (one and half years of imprisonment, eight months of imprisonment, and two years of suspended execution) declared by the court below is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

Judgment

The instant crime was committed by Defendant A, who is not a pharmacist, employed Defendant B, and established and operated a pharmacy in his/her name from September 2017 to January 2019. As such, as if the pharmacy was duly established, Defendant A claimed medical care benefit costs to the National Health Insurance Corporation, and acquired the volume of KRW 623 million by defrauding the amount of KRW 6023 million, which is a large amount of money.

Defendant

B was employed by Defendant A as a pharmacist, and participated in the establishment of the above pharmacy by Defendant A and made it possible to commit the crime of fraud.

The crime of this crime is limited to pharmaceutical qualifications to improve the national health, and the provisions of the Pharmaceutical Affairs Act that prohibit a pharmacist or a pharmacist from opening a pharmacy, and is likely to cause harm such as excessive treatment, drug abuse, patient mediation, etc. to pursue personal profit, which ultimately may undermine the health and safety of the people. The crime of fraud accompanied by the act of violating the Pharmaceutical Affairs Act may adversely affect the financial soundness of the National Health Insurance Corporation by fraudulent or unjust claims, and thus, the corresponding punishment is needed.

However, since the Defendants reached the trial, all of the charges of this case are recognized and erroneous. After the establishment of the pharmacy of this case, the preparation and prescription of medicine itself was conducted by Defendant B and G with a pharmacist’s license, and it seems that the crime of this case did not cause actual damage to the patients.

Defendant

In the case of A, most of the acquired amount is used for the purchase cost of drugs and the expenses of pharmacy operation, and the profits which are ultimately reverted to the defendant A is less than the acquired amount of money.