The judgment below

All parts of the defendant A and B shall be reversed.

Defendant

A Imprisonment for two years, and Defendant B.

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court against the Defendants A and B (Defendant A: one and half years of imprisonment, two years of suspended execution, and three years of imprisonment) is too unreasonable.

B. In light of the fact that Defendant A and B were to be mistaken for the fact that Defendant B bears the expenses incurred in establishing and operating a pharmacy, and that Defendant B received an amount equivalent to KRW 1.4 billion in total from the care benefit account for pharmacy to the account under one’s own name and his family, and that this amount was distributed with profits acquired through the operation of a pharmacy, it can be recognized that Defendant A conspired with B, not a pharmacist, and obtained the care benefits by deceiving the victim, by deceiving the National Health Insurance Corporation.

Therefore, the judgment of the court below that found the defendant not guilty of the violation of the Pharmaceutical Affairs Act and the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes.

B) The sentence sentenced by the lower court to Defendant A and B is too uneased and unreasonable.

2) The sentence imposed by the lower court in part on Defendant C and E (Defendant C: fine of KRW 5 million, and fine of KRW 7 million) is too uneased and unreasonable.

2. Determination

A. Defendant A and B, who is not a pharmacist of violation of the Pharmaceutical Affairs Act, is not guilty at the lower court’s judgment. Defendant B, who is not a pharmacist of violation of the same Act, shall invest approximately KRW 50 million in investment with Defendant A, thereby preparing an application for the lease agreement and the establishment of a pharmacy under the name of Defendant A, and making profits by registering the bank account under the name of Defendant A as a pharmacy account with the National Health Insurance Corporation, and taking profits from the bank account under the name of Defendant A as a pharmacy account with the National Health Insurance Corporation, the remaining profits are acquired by Defendant B, and the remaining profits are determined to be acquired by Defendant B. However, Defendant B established and operated a pharmacy in substance by taking charge of purchasing medicines and fund management.