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(영문) 수원지방법원 안양지원 2017.05.30 2017고단385

소비자생활협동조합법위반등

Text

1. Defendant A shall be punished by imprisonment for two years.

2. Defendant B, C, and C shall be punished by imprisonment with prison labor for one year.

Reasons

Punishment of the crime

1. In order to establish a consumer life cooperative in violation of the cooperative law among consumers, at least one unit of equity shall be invested, as stipulated by articles of association, and the number of units of equity by one member shall not exceed 20/100 of the total number of units of equity, and at least 300 persons who consent to the establishment of a cooperative shall be at least 30 persons, and executives and employees of a cooperative, etc. shall not register a consumer life cooperative by fraud or other improper means;

Although Defendants were not doctors, they were willing to establish a medical institution by establishing a medical consumer life cooperative in the name of the above cooperative, Defendant A, as a director of the cooperative, established and operated a medical institution, Defendant B, as the chief director of the cooperative, agreed to take charge of the establishment of the cooperative and the administration of the establishment and operation of the medical institution, as a director of the association, Defendant C, as a director of the association, and conspired to prepare the relevant documents as if Defendant B invested most of the fund of the association and did not actually recruit the members of the association.

Accordingly, from March 27, 2013 to December 29, 2013, Defendant B invested KRW 4,1.5 million equivalent to KRW 5387,00,000,00 in total amount of investment of the union from March 27, 2013. Defendant A, Defendant C, etc., who did not actually make an investment in the union to conceal the fact that the investment of most of the union was made by Defendant A and Defendant C, including Defendant A and Defendant C, who did not make an investment in the union.

On March 30, 2013, the Defendants held an inaugural general meeting of "T" at the office of the Cheongyang-gu Cheongyang-dong 530, Ansan-dong, Ansan-gu, 530. Although more than 10 members were present at the above inaugural general meeting, 219 members were present at the meeting, and 47 members were present at the meeting.