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(영문) 부산지방법원 동부지원 2019.05.17 2019고합54

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

1. The Defendant in violation of the Medical Service Act made the appearance of B association as if it were to establish a medical institution for health and medical business for the improvement of health of its members for non-profit purposes, and had the representative of B association to establish a medical institution.

B In order to establish a cooperative, at least 300 persons who consent to the establishment of the cooperative (the address, residence, or place of business within the business territory of the cooperative) shall be at least 30 persons, and at least 30 persons who are qualified as its members shall prepare its articles of association by becoming its promoters, and a majority of persons who consent to the establishment shall undergo a resolution at the inaugural general meeting; and (4) in order to establish the cooperative, the total amount of investments shall not be less than 30 million won, and the number of shares of one member shall not exceed 20 percent of the total number of investments.

Nevertheless, the Defendant, at a place where it is difficult to know the place on December 2012, prepared a list of promoters by lending the name from the branch, prepared the minutes in a false manner despite the absence of the actual meeting of promoters, prepared a false statement of agreement from 312 members by lending the name from the branch, and made a false statement of agreement for the establishment of 312 members with the Defendant’s personal funds, and provided the Defendant with the Defendant’s personal funds, despite the payment of the Defendant’s personal funds, submitted a false certificate of investment, etc. to the public official in charge of the establishment authorization of the Busan Metropolitan City Association (hereinafter “C Association”) on March 4, 2013 after obtaining authorization for the establishment of the “C Association” on March 28, 2013. On March 28, 2013, the Defendant established the “E Hospital” (hereinafter “instant hospital”) in the name of the Suwon-gu, Busan Metropolitan City Association, and employed the doctor F, etc. by employing the doctor.

Accordingly, although the Defendant was not a doctor, etc. under the Medical Service Act, the Defendant established and operated the instant hospital from March 28, 2013 to May 31, 2018.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes.