Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of eight months.

except that from the date of this judgment.

Punishment of the crime

[2016 Highest 8487]

1. Joint crimes committed by the Defendants

(a) No person, other than a pharmacist or herb pharmacist, shall establish a pharmacy in violation of the Pharmaceutical Affairs Act (the point of establishing a non-pharmaceutical pharmacist's pharmacy);

The Defendants: (a) around November 2015, Defendant A, who is not qualified as a pharmacist, opened and operated a pharmacy under the name of Defendant B from a private person; (b) in return, Defendant B paid KRW 4 million per month to Defendant B as expenses for lending and paying benefits; and (c) Defendant B conspired to take charge of pharmaceutical affairs by attending a gold pharmacy and to use the agricultural bank account under the name of Defendant B to receive medical care benefits from the National Health Insurance Corporation by lending the agricultural bank account under the name of Defendant B to Defendant A.

Accordingly, on November 12, 2015, the Defendants employed employees in Gangseo-gu Busan Metropolitan Government F and prepared medicines, and the Defendants, despite the fact that Defendant A established and operated a pharmacy, Defendant B applied for the registration of the establishment of a pharmacy in the name of “G pharmacy” on the same day according to the agreement, which is the name of “G pharmacy” on the same day, and was carried out from the date to December 15, 2016.

Accordingly, the Defendants conspired to establish and operate a pharmacy by Defendant A, who is not qualified to establish a pharmacy.

(b) No person, other than pharmacists or herb pharmacists, shall sell medicines in violation of the Pharmaceutical Affairs Act (sale of medicines without licenses);

Nevertheless, the Defendants, while operating a pharmacy in the same form as described in the above paragraph (a), conspired to sell drugs to Defendant A when Defendant B, a pharmacist, left a place or going out a pharmacy.

Accordingly, at around July 31, 2016, Defendant A sold the nameless customers, “Dumkbulule” and “strinseule,” which are over-the-counter drugs, to the nameless customers in G pharmacy” as indicated in the above paragraph (a).

As a result, Defendants conspired to sell medicines by Defendant A, not a pharmacist.

2. A pharmacy, other than a pharmacist or herb pharmacist who commits joint crimes with Defendant A and H (Death).