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(영문) 서울서부지방법원 2016.12.21 2016고합202
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A and D Imprisonment for a year and six months, Defendant B’s imprisonment for a term of three years, Defendant C for a fine of five million won, and Defendant C for a term of five million won.

Reasons

Punishment of the crime

1. Violation of the Pharmaceutical Affairs Act;

(a) No person other than the co-principal of Defendant B and Defendant A may establish a pharmacy.

Nevertheless, Defendant B, who is not a pharmacist, agreed to engage in the same business with Defendant A, who is a pharmacist, prepared a lease contract and an application for the establishment of a pharmacy in the name of Defendant A, and registered a bank account in the name of Defendant A with the National Health Insurance Corporation as a pharmacy account, and acquired approximately KRW 5 million through KRW 7 million per month by Defendant A, and the remainder of profits is determined to be acquired by Defendant B. However, Defendant B established and operated a pharmacy by means of forming appearance as if Defendant A opened a pharmacy.

According to the aforementioned public offering from August 9, 2010 to August 2, 2012, the Defendants asserted that the term “N pharmacy” and “N pharmacy” located in Jongno-gu Seoul Metropolitan GovernmentO were continuously operated in the name of “M pharmacy” even after they were transferred from the original place to the place of “N pharmacy” in this court. However, the Defendants asserted that the name of “M pharmacy” and “N pharmacy” is not specifically registered in the business registration data inquiry, and the health insurance qualification status is not clearly distinguishable from the name of “M pharmacy” and “N pharmacy.” From May 1, 2007 to March 1, 2010, the term “N pharmacy” acquired qualification from August 9, 2010 to August 3, 2012, 201 that the term “N pharmacy” acquired the Defendant’s health insurance qualification and had no risk of causing any substantial disadvantage to the Defendant’s exercise of the Defendant’s right to defense, as stated in the facts charged.

In the case of Defendant B, he shall make profits from Defendant A under the name of pharmacist, preparation of medicine, etc.

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