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(영문) 대구지방법원 영덕지원 2015.09.23 2015고단104
약사법위반등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

The Defendant, from September 2, 2002, was a pharmacist operating a pharmacy in the name of "D pharmacy" in Ulsan-gun, Ulsan-gun, Inc., and when patients prepare medicines according to a prescription prescribed by a doctor or dentist, he voluntarily prepares medicines with low prices compared to medicines entered in a prescription, and then he thought that the Victim, the National Health Insurance Corporation, claiming for medical care benefits as if he prepared medicines as stated in the prescription.

1. Where a pharmacist who violates the Pharmaceutical Affairs Act prepares alternative medicines instead of the medicines identical in composition, content and dosage to those entered in a prescription slip issued by a doctor or dentist, he/she shall notify a doctor or dentist who has issued the relevant prescription slip of the details of alternative medicines prepared within one day;

Around May 1, 2009, the Defendant received a request from a patient E who had been at the above pharmacy to prepare a medicine according to a prescription made in the name of H in F, and failed to notify the above H of the content of the alternative medicine within one day, which is a medicine entered in the above prescription, even though he voluntarily prepares a substitute drug, and did not notify the doctor who has issued the prescription of the drug within 24,047 times in total, from May 1, 2009 to April 30, 2012, as shown in the attached list of crimes (1).

2. On May 1, 2009, the Defendant: (a) voluntarily prepares alternative drugs, as described in paragraph (1), even if he/she was requested to prepare medicines according to a prescription made in the name of H doctors of G Council members E in F from a patient who had been at the above pharmacy; and (b) the same year.

6.1. At around January, 200, by using the medical care benefit claim system installed on the computer in the above pharmacy, the Ministry of Health and Welfare prepared a statement of claim as if the person was prepared in the above prescription, and transmitted the statement to the person in charge of the name in the name of the

The defendant.

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