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Defendants shall be punished by imprisonment for eight months.
However, as to the Defendants for two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
1. No person who violates the Pharmaceutical Affairs Act shall establish a pharmacy, other than pharmacists or herb pharmacists;
Nevertheless, Defendant A proposed that Defendant B, who was a pharmacist's license holder, should have a pharmacy established and operate the pharmacy, and Defendant B decided to establish and manage the pharmacy in his name on the condition that Defendant A would receive every month's payment according to the proposal.
On February 24, 2006, the Defendants established the “D pharmacy” in the Seogu-gu, Daegu-gu, upon the said public offering, from around October 5, 2017 to around October 5, 2017, Defendant A raised and disbursed funds necessary for the establishment and operation of the pharmacy and brought profits from the operation of the pharmacy at the said pharmacy. Defendant B prepared and sold medicines to unspecified customers by taking advantage of the method of managing the pharmacy while receiving the benefits from Defendant A.
As such, the Defendants conspired to establish and operate a pharmacy by lending the name of another person other than a pharmacist or herb pharmacist.
2. No one, other than a pharmacy established under the Pharmaceutical Affairs Act in violation of the Act on Fraudulent or Subsidy Management, may claim expenses for medical care benefits for the beneficiaries of the National Health Insurance Act and the Medical Care Assistance Act;
Nevertheless, the Defendants, from February 24, 2006 to October 5, 2017, filed a claim for medical care benefit costs and medical care costs with the National Health Insurance Corporation while establishing and operating a “D pharmacy” in violation of the Pharmaceutical Affairs Act, and filed a claim with the National Health Insurance Corporation for the medical care benefit costs and medical care costs. As stated in the attached Table 1 from October 2, 2008 to September 20, 2017, the Defendants believed to be a pharmacy normally established and operated by a pharmacist, as shown in the attached Table 1 from October 2, 2008 to September 20, 2017, claimed KRW 34,640,700, and from October 15, 2008 to September 27, 2017, respectively.