Defendant

The imprisonment with prison labor for A shall be four years, and the imprisonment for Defendant B shall be three years, respectively.

(b).

Punishment of the crime

1. He shall not open a pharmacy unless a pharmacist who violates the Pharmaceutical Affairs Act;

Nevertheless, Defendant A, who is not a pharmacist, employed Defendant B as a pharmacist while promising to pay wages to Defendant B who is a pharmacist. On June 2, 2014, Defendant B had Defendant B registered the establishment of a pharmacy with the trade name “D pharmacy” in Gangwon-gun C, Gangwon-do, and Defendant A managed funds, such as employment and management of employees of the pharmacy including Defendant B from around that time to June 2017, and Defendant B performed the preparation and sale of medicines to patients who find a pharmacy.

As a result, the Defendants conspired to establish a pharmacy in violation of the prohibition of establishing a pharmacy by a person other than a pharmacist.

2. He/she may not claim medical care benefit costs under the National Health Insurance Act, unless a pharmacy is established under the Pharmaceutical Affairs Act;

Nevertheless, the Defendants, while operating a D pharmacy in the same manner as described in paragraph (1), filed a claim for medical care benefit costs with the National Health Insurance Corporation by pretending that the D pharmacy was normally established under the Pharmaceutical Affairs Act, and received KRW 85,218,460 under the name of Defendant B’s E account (F) around June 2014 as well as received KRW 3,646,38,160 from that time until June 2017, as shown in the attached list of crimes.

As a result, the Defendants conspired to deception the victim and acquired pecuniary benefits.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement to G, H, I, and J;

1. The current status of claims for medical care benefit costs and the application of the statutes governing the details of pharmacy account transactions;

1. Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Article 347 (1) and Article 30 of the Criminal Act (including fraud of medical care benefit costs), and the Pharmaceutical Affairs Act.