Defendant

A Imprisonment for two years, for one year and six months, for Defendant B, and for Defendant C, for one year and two months, respectively.

(b).

Punishment of the crime

Defendant

A is a person who actually operates a pharmacy under the trade name of “J pharmacy” and “K pharmacy” in Busan Jung-gu. Defendant B was a pharmacist who established the said J pharmacy from February 21, 2008 to October 28, 2012. Defendant C was a pharmacist who established the said K pharmacy from November 2, 2012 to February 17, 2014.

1. Joint crimes committed by Defendant A and Defendant B

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

Defendant

A, even if not a pharmacist, around February 21, 2008, around 2008, after requesting a pharmacist to lend a pharmacist’s license so that he/she can install a pharmacy with facilities such as a store, etc. from Busan Jung-gu, Busan to Defendant B. Defendant B received KRW 4 million per month from Defendant A, and registered the establishment of a “J pharmacy” with Defendant A’s license, and the establishment and operation of a pharmacy by a person other than a pharmacist by preparing and selling medicine to customers. Accordingly, the Defendants conspired to establish and operate a pharmacy at the same place from around that time until October 28, 2012.

B. Around March 2008, the Defendants were in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, and the Defendants committed fraud by “J pharmacy”. Although Defendant A, who is not qualified for the registration of the establishment of a pharmacy, did not personally establish and register his/her pharmacy, he/she submitted a detailed statement of the expenses for medical care benefits and medical care benefits to the National Health Review Evaluation Institute as if Defendant B operated his/her pharmacy, and as such, Defendant B pretended that he/she operated his/her pharmacy, he/she submitted the detailed statement of the expenses for medical care benefits and medical care benefits to the National Health Evaluation Institute, and 3,963,070 won as the name of the victim’s medical care benefits from the National Health Insurance Corporation, and 316,850 won as the name of medical care benefits from the victim’s non-victim to January 20