Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

No person other than a pharmacist shall establish a pharmacy.

Nevertheless, C, a pharmacist, entered into a real estate lease agreement under the name of the Defendant, and registered the establishment of a pharmacy in the name of the Defendant. The Defendant agreed to receive a certain monthly amount as the price for the above act and the salary for the performance of duties as a pharmacist, and C, a pharmacist, was to establish and operate a pharmacy by forming the appearance of the Defendant as if he had established the pharmacy.

Accordingly, from January 31, 201 to September 2, 2013, the Defendant and C provided pharmacy facilities, such as a dispensary, on the 1st to September 2, 2013, in the building D, Nam-gu, Incheon, Incheon, with a size of 8.06 square meters, and applied for registration of establishment of a “E pharmacy” in the name of the Defendant to the competent authority. The Defendant, while serving as a pharmacist at the above pharmacy, received KRW 4 million each month, and paid KRW 6.5 million each month. The Defendant and C received KRW 7,32,508,339 by establishing and operating a pharmacy by operating the above pharmacy substantially.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness C;

1. A protocol concerning examination of a suspect by a certain prosecutor with respect to C (two times, three times, five times);

1. Statement made by the prosecution with respect to F and G;

1. Statement made by the prosecutor of a part of H on prosecution;

1. Acceptance of the registration of pharmacy (A) and the registration of pharmacy establishment (A and E pharmacy);

1. Application of Acts and subordinate statutes on medical care benefit account (37 times a year), requests for financial transaction information and replies (63 times a year), account transaction details (74 times a year), requests for investigation cooperation and replies (106 times a year a year), current status of payment of care benefits (115 times a year), account transaction details (121 times a year);

1. Relevant legal provisions on criminal facts and Articles 93, 93, 1(1)2, and 20(1) of the former Pharmaceutical Affairs Act (Amended by Act No. 13114, Jan. 28, 2015); Article 30 of the Criminal Act; selection of fines and fines

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;