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1. Defendant A shall be punished by imprisonment with prison labor for a year and six months;
2. Defendant B shall be punished by imprisonment for a period of eight months.
Reasons
Punishment of the crime
1. He may not establish a pharmacy, other than Defendant A and Defendant B’s co-principal or herb pharmacist;
Nevertheless, the Defendants: (a) prepared a pharmacy operated by Defendant A, not a pharmacist; (b) filed an application for the establishment of a pharmacy; (c) opened a bank account in their own name; and (d) decided that Defendant A would prepare drugs at the pharmacy operated by Defendant A, and receive monthly pay of KRW 3 million; and (c) conspired for the establishment of a pharmacy by forming the appearance of Defendant A, rather than a pharmacist, even though Defendant A was actually opening and operating a pharmacy.
According to the Defendants’ above public offering from June 20, 2016 to May 15, 2017, at G pharmacy located in Nowon-gu in Seoul Special Metropolitan City, Defendant A was in charge of overall operation of a pharmacy, such as placing an order for the preparation of a pharmacy, paying medicines, employing employees, selling over-the-counter drugs, and managing funds. Defendant B directly prepared drugs after receiving KRW 3 million monthly wage from June 20, 2016 to September 2016. From September 20, 2016 to May 15, 2017, Defendant B established the above pharmacy by having H, who received KRW 3 million per month wage, prepare drugs.
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 may not establish a pharmacy, other than a pharmacist or herb pharmacist of common criminal acts of Defendant A or Defendant C.
Nevertheless, the Defendants, who are not pharmacists, decided to establish a pharmacy by employing another pharmacist in order to increase the cost of Defendant A, who is not a pharmacist, while running a G pharmacy as described in paragraph (1), by failing to work at the pharmacy. Defendant C, a pharmacist, applied for the establishment of a pharmacy and applied for the establishment of a pharmacy.