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(영문) 광주지방법원 2016.06.09 2016고정721
약사법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The Defendant in violation of the Pharmaceutical Affairs Act is a person who operated a pharmacy under the trade name, “D pharmacy” in the Southern-gun C.

Where a pharmacist intends to prepare alternative medicines instead of the medicines entered in a medical prescription, he/she shall obtain consent of the doctor or dentist who has issued the medical prescription.

Nevertheless, on May 1, 2009, the Defendant, with a prescription issued by the F Council member’s non-assigning intent in the name of the former member of the Republic of Korea, prepared a substitute drug for the drugs as described in the attached Table from May 1, 2009 to April 30, 2012 without the consent of the doctor, such as preparing a substitute drug for the tricheon-gun prescription medicine, without the consent of the doctor.

2. The fraud accused has prepared alternative medicines instead of those entered in a prescription with a doctor to claim the difference between the medical benefits and the health insurance benefits.

From May 1, 2009 to April 30, 2012, the Defendant filed a claim for total of 3,996 medical benefits and health insurance benefits, as shown in the list of crimes, as if he/she prepared a substitute drug using low-price drugs, and as if he/she prepared the substitute drug as prescribed by the doctor, the Defendant filed a claim for total of 3,99 medical benefits and health insurance benefits.

Accordingly, the Defendant, by deceiving the National Health Insurance Corporation, received 18,037,450 won from the Corporation for unfair claims due to alternative drugs.

3. No medical care institution under the National Health Insurance Act that violates the National Health Insurance Act shall receive insurance benefits by fraudulent or other illegal means;

Nevertheless, until the day specified in the above Section 2, Defendant 1 prepared drugs using drugs of low-price other than those listed in the doctor's prescription.

As such, the Defendant, as if he prepared the medicine using the medicine at a low price and prepared the same medicine as the doctor’s prescription, was recorded in the daily list of crimes through the National Health Insurance Corporation EDR claim system.

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