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1. The defendant A shall be punished by imprisonment with prison labor for one year and six months;
2. Defendant B shall be punished by imprisonment for six months;
except that this shall not apply.
Reasons
Punishment of the crime
1. No person other than a pharmacist who opens an unqualified pharmacy shall establish a pharmacy;
Defendant
A and Defendant B, who is not a pharmacist of the crime related to the establishment of a pharmacy, was employed by Defendant B, who is a pharmacist, and prepared a real estate contract and an application for the establishment of a pharmacy in the name of Defendant B, and registered the bank account in the name of Defendant B with the National Health Insurance Corporation. Defendant B agreed to receive a certain amount of money from Defendant A as the price for the above act and the employment pharmacist, and actually agreed to receive a certain amount of money from Defendant A as the payment for the above act, but Defendant A opened and operated the pharmacy, but, as if Defendant B opened and operated the pharmacy, Defendant A, who is not a pharmacist,
According to the above public offering, the Defendants: (a) from June 5, 2014 to October 19, 2014, at the “I pharmacy” located in Ansan-si J and I pharmacy in the first floor, Ansan-si, and the first floor, Defendant B agreed to pay KRW 4 million per month to Defendant B; (b) employed Defendant B as a pharmacist of the above pharmacy; (c) installed and operated the above pharmacy with the above pharmacy’s facilities such as a dispensary, etc. and the overall operation of the pharmacy, such as the sale of medicine; and (d) Defendant B established and operated the above pharmacy by preparing the real estate contract and the establishment of the pharmacy in his/her own name and opening the bank account in his/her name.
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.
B. Although Defendant A and Defendant C could not establish a pharmacy, Defendant C employed Defendant C, a pharmacist, and prepared an application for the establishment of a real estate contract and pharmacy in the name of Defendant C, and registered the bank account in the name of Defendant C with the National Health Insurance Corporation as a pharmacy account, and Defendant C registered the bank account in the name of Defendant C with the National Health Insurance Corporation.