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(영문) 인천지방법원 2015.11.25 2015고단6380
약사법위반
Text

Defendant

A Imprisonment of one year and a fine of 10,000,000 won, Defendant B of a fine of 20,000,000 won, Defendant C of a fine of 15,000 won.

Reasons

Punishment of the crime

1. No person other than a pharmacist or herb pharmacist shall establish a pharmacy;

Nevertheless, Defendant A, a pharmacist, entered into a real estate lease contract under the name of Defendant B, and registered the bank account in the name of Defendant B as a pharmacy with the National Health Insurance Corporation registered the bank account in the name of Defendant B, and Defendant B agreed to receive a certain monthly amount as the price for the above act and the benefits for the performance of duties as a pharmacist, and Defendant A established and operated a pharmacy but, in fact, Defendant A conspired to establish the pharmacy by forming the appearance of Defendant A, rather than a pharmacist, as if Defendant B established and operated the pharmacy.

Accordingly, from March 3, 2003 to July 31, 2015, the Defendants were equipped with pharmacy facilities, such as a dispensary, in the Nam-gu Incheon Metropolitan City G, and applied for registration of the establishment of a “H pharmacy” in the name of Defendant B to the competent authority. Defendant B is gradually increased to receive KRW 7 million per month while working as a pharmacist at the above pharmacy, and Defendant A received KRW 10 million per month, and Defendant A established and operated the above pharmacy by substantially operating the said pharmacy.

2. No person other than a pharmacist or herb pharmacist shall establish a pharmacy.

Nevertheless, Defendant A, who is not a pharmacist, entered into a real estate lease contract under the name of Defendant C, and registered the bank account under the name of Defendant C as a pharmacy with the National Health Insurance Corporation registered the bank account under the name of Defendant C, and Defendant C entered into an agreement with the National Health Insurance Corporation to receive a certain monthly amount as the price for the above act and the benefits for the performance of duties as a pharmacist, and Defendant A actually opens and operates a pharmacy, but it is not a pharmacist by forming the appearance of Defendant C, as if Defendant C opened a pharmacy.

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