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(영문) 춘천지방법원 2019.02.01 2017고합67
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

Punishment A for 5 years of imprisonment, 3 years of imprisonment, and 3 years of imprisonment for Defendant B and C, and punishment for Defendant D.

Reasons

Punishment of the crime

Defendant

A is a person who has been engaged in the drug wholesale business, and currently operates the Dog Center, and Defendant B was working as the head of the “L pharmacy,” and each pharmacist, Defendant C, D, E, F, and G, Defendant H and I are those who have worked as an employee of the “L pharmacy,” Defendant J and K.

Defendant

A shall be equipped with pharmacy facilities by investing funds, land, buildings, etc. necessary for pharmacy opening, and Defendant B shall take charge of the overall management of pharmaceutical affairs and employees, such as recruitment and management of pharmacists and employees, fund management, drug management such as ordering and settlement of medicine, and management of facilities and fixtures, and shall employ qualified pharmacists, and shall establish the “L pharmacy”, “M pharmacy”, and “N pharmacy” and the “N pharmacy” as if they were legitimate pharmacies.

[L]

1. Defendant A, B, and C

(a) No person other than a pharmacist shall establish a pharmacy;

Nevertheless, Defendant A, who is not a pharmacist, proposed to the effect that Defendant C, a pharmacist, will leave the pharmacy head and pay benefits if he/she takes charge of the preparation and sale of medicines. Defendant C consented to the establishment of a pharmacy under the trade name of “L pharmacy” on July 21, 2012, and Defendant A was employed by Defendant C as a pharmacist from July 21, 2012 to April 21, 2016 (Defendant B from July 9, 2013 to April 21, 2016). Defendant A dealt with the management of medicines, such as recruitment and management of pharmaceutical workers and employees, payment of wages, management of medicines, payment of wages, etc., and management of equipment and supplies, etc., and Defendant C et al. was employed by Defendant C while directly using the pharmacy.

Accordingly, the Defendants conspired to establish a pharmacy operated by Defendant A, not a pharmacist.

(b) Medical care benefit costs under the National Health Insurance Act, other than pharmacies established under the Pharmaceutical Affairs Act;

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