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(영문) 서울서부지방법원 2017.07.17 2017고합101
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

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

except that from the date of this judgment.

Reasons

Punishment of the crime

1. Joint crimes committed by the Defendants

A. Although a pharmacist or herb pharmacist is not a pharmacist or herb pharmacist in violation of the Pharmaceutical Affairs Act, Defendant A, without a pharmacist’s license, provided that, around November 1, 2007, Defendant A was in charge of the preparation and sale of drugs under the conditions that Defendant A would receive KRW 500,000 or KRW 550,000 per month, including the loan price in the name of a pharmacist, by having the pharmacy facilities and operating the pharmacy in Eunpyeong-gu Seoul Metropolitan Government, including the input of operating funds, revenue and expenditure management, payment of rent, and tax payment.

Accordingly, on November 1, 2007, the Defendants registered the “J pharmacy” under the name of Defendant B, and registered the establishment of the said pharmacy by changing the name of the said pharmacy into “K pharmacy” around July 22, 2013, and thereafter, prepared and sold medicine to customers from November 1, 2007 to February 2017.

As a result, Defendants conspired to establish a pharmacy even if they are not pharmacists.

B. Where a person who is not eligible to establish a pharmacy in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) has employed a pharmacist to engage in the preparation and sale of drugs, he/she shall not claim expenses for medical care benefits under the National Health Insurance Act.

Nevertheless, the Defendants established and operated the “J pharmacy” or “K pharmacy” in violation of the Pharmaceutical Affairs Act from November 1, 2007 to February 2017, 2017, as prescribed in Article 1-A of the same Act, and requested the Health Insurance Review and Evaluation Institute to review the medical care benefit cost statement by filing a claim for the medical care benefit cost with the Victim’s Health Insurance Corporation as if the above pharmacy was duly established, and received the amount equivalent to KRW 3,486,69,630 from the victim who believed it as true.

As a result, the Defendants conspired to deceive the victim and belong to it.

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