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(영문) 대전지방법원 2017.11.30 2016고합504

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

Defendant

A In the imprisonment of 2 years and 6 months, Defendant B, C, and D are punished by a fine of 1 million won.

Reasons

Punishment of the crime

1. Defendant A

(a) No person who violates the Medical Service Act may establish a medical institution, other than a medical doctor, dentist, midwife, midwife, State or local government, medical corporation, non-profit corporation or quasi-governmental institution under the Civil Act or special Acts (hereinafter referred to as "medical doctor, etc.");

Despite the fact that the defendant is not a doctor, he had established a medical life cooperative formally for the purpose of establishing a medical institution, and had the medical life cooperative established and operated a medical institution under the name of the medical life cooperative.

In order to establish a medical life cooperative, although the number of units of investment by one member does not exceed 20/100 of the total number of units of investment, the defendant among total 3,1860,000 won of investment, the defendant, under his/her name, invested 6 million won in the name of K, 6 million won in the name of K, and 6 million won in the name of L, and even those who did not attend the inaugural general meeting, the copy of the inaugural general meeting was prepared as if they were present.

On May 16, 2013, the Defendant prepared a false application for authorization to establish a consumer life cooperative in the manner that the union was formed in accordance with the normal procedure even though the Defendant paid contributions to K and L, even though the Defendant paid the contributions to K and L, as seen above, did not attend the inaugural general meeting, the Defendant prepared a false application for authorization to establish the E-medical consumer cooperative in the Seo-gu Daejeon Metropolitan City on May 16, 2013. On May 23, 2013, the Defendant submitted to a public official in charge of the knowledge of the circumstances to obtain authorization to establish the E-medical consumer cooperative from the Daejeon Metropolitan City Mayor on May 23, 2013, and registered the establishment of the Daejeon District Court as the president.

On August 1, 2013, the Defendant took over the NO members of the Seo-gu Daejeon Daejeon-gu, and employs doctors, nursing assistants, physical clinics, etc., and provided them with treatment rooms, etc., and then, the Seo-gu Office of Health and Welfare “P member of the E Medical Consumer Cooperative (hereinafter “P member”).

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