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Punishment against the Defendants shall be prescribed by one year and six months.
However, from the date this judgment became final and conclusive, Defendant B.
Reasons
Punishment of the crime
1. Joint crimes committed by the Defendants
A. Defendant A and C in violation of the Pharmaceutical Affairs Act, even though they are not both pharmacists, on February 2014, paid monthly salary of KRW 670,000 per month to Defendant B, who was a non-pharmaceutical in early February 2014, including the transportation cost of a pharmacy in the name of a party and a pharmacist who was a pharmacist, as they were unable to work due to the age of the previous pharmacist.
Defendant A and C agreed to establish a pharmacy in the name of Defendant B, a pharmacist, and Defendant B agreed to operate the pharmacy and work as a monthly class pharmacist employed by Defendant A and C.
According to the aforementioned promise, the Defendants leased one floor of a building of 82 square meters on the ground of the Republic of Korea, Seoul, and opened a pharmacy under the name of “G pharmacy” from February 3, 2014 to August 29, 2016, and Defendant A and C resided in a pharmacy, while directly managing the medical care benefit account in the name of Defendant B, and directly managing the medical care benefit account in the name of Defendant B from February 3, 2014 to August 29, 2016, and actually established G pharmacy from the perspective of leading the employment, management, and the ownership of the operational performance of the pharmacy. Defendant B was employed by Defendant A and the Defendant for the said period and worked as a monthly pharmacist.
As a result, the Defendants conspired to establish a pharmacy even though they are not pharmacists.
B. The Defendants committed a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) are pretended to be a pharmacy established lawfully in accordance with the Pharmaceutical Affairs Act, and request the National Health Insurance Review Evaluation Institute to review the details of the claim. The Defendants received notice of the results of the review from the Health Insurance Evaluation Institute and received payment of KRW 4,715,020 from the victim who believed to be true and believed to be true, as well as payment of KRW 4,715,020 from around that time to September 12, 2016.