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(영문) 대구지방법원 서부지원 2019.02.14 2019고합2
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A Imprisonment with prison labor for three years, and for one year and six months, respectively.

except that from the date of this judgment.

Reasons

Punishment of the crime

1. Anyone who violates the Pharmaceutical Affairs Act shall be prohibited from opening a pharmacy other than a pharmacist;

Nevertheless, on November 2008, the Defendants (the Defendants become aware of the establishment of a pharmaceutical company’s “pharmacy” through its employees) concluded a lease contract at a place of business and opened a pharmacy account to be registered in the National Health Insurance Corporation under the name of Defendant B, a pharmacist at early November 2008, but the funds necessary for the establishment and operation of a pharmacy are borne by Defendant C, and all of Defendant C, except for the benefits of Defendant B, was recruited by Defendant C.

According to the above public offering, the Defendants opened a “F Pharmacy” on the Seo-gu, Daegu-gu (Seoul-gu, the location of the pharmacy was changed to Daegu-gu E around April 14, 2013) and then incurred profits from the operation of the pharmacy while raising funds necessary for the establishment and operation of the pharmacy from around December 4, 2018. Defendant C received approximately four million won average monthly wages from Defendant C, and Defendant C prepared and sold medicine to unspecified customers by assisting the operation of the pharmacy.

As such, the Defendants conspired to establish and operate a pharmacy by lending another person’s pharmaceutical name.

2. No one, other than pharmacies established under the Pharmaceutical Affairs Act in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, may file a claim for medical care benefit expenses under the National Health Insurance Act and medical care benefit expenses under the Medical Care Assistance Act (it shall be an indirect subsidy created by national expenses, Do expenses, military expenses, etc., and the National Health Insurance Corporation shall

Nevertheless, the Defendants’ above-mentioned around November 14, 2008.

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