[Defendant A] Defendant A shall be punished by imprisonment with prison labor for two years and six months.

except that the sentence shall be imposed for a period of four years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. Defendant A

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

Nevertheless, on January 1, 2012, the Defendant taken over the above pharmacy operated by B from around 2,300,000 won per month under the condition that he pays to B a pharmacist license in the name of lending a pharmacist license, and opened and operated a pharmacy in the name of B until December 18, 2017 from that time.

B. Around February 1, 2012, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) submitted a medical care benefit statement to the victim National Health Insurance Corporation as if he/she concealed such fact and operated a pharmacy individually, despite that the Defendant, who was not qualified to establish a pharmacy, was operating the pharmacy under the name of the above pharmacist B, and received KRW 13,533,070 from the victim for medical care benefits on February 17, 2012 from the time of receiving KRW 13,53,070 as medical care benefit expenses for 72 occasions as shown in the attached crime list, from the time of receiving KRW 1,035,471,670 from the victim to December 29, 2017.

2. No pharmacist who violates the Pharmaceutical Affairs Act shall lend his/her license to another person;

Nevertheless, the Defendant lent the pharmacist’s license to A, such as the date, time, and place described in Paragraph 1-A, at the same time and place as described in Paragraph 1-A.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of the Defendants to the prosecution

1. A copy of a pharmacy establishment registration certificate, F, A, and B deposit and withdrawal details, a detailed statement of account transaction in the name of Nonghyup Bank, a criminal investigation report (attached to the current status of claim for expenses for medical care benefits), a criminal investigation report (verification of the date of claim for expenses for medical care benefits and the date of payment), and the application of Acts and subordinate statutes to investigation report (attached to a copy of the judgment

1. Article 3 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes shall apply to the relevant criminal facts and the choice of punishment.