특정경제범죄가중처벌등에관한법률위반(사기)등
The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment for six years.
Defendant
A.
1. Summary of grounds for appeal;
A. Defendant A: The remainder of the facts charged, except for the violation of the Guarantee of Automobile Damage Compensation Act and the violation of the Automobile Management Act, is not recognized as follows: misunderstanding of facts and misapprehension of legal principles.
Nevertheless, the judgment of the court below which found all of the facts charged guilty is erroneous by misunderstanding the facts or misunderstanding the legal principles.
1) As to the registration for the establishment of a false or fraudulent method, the part on the registration for the establishment of a consumer life cooperative (A) was authorized to establish an I Medical and Living Cooperatives (hereinafter “Consumer Life Cooperatives”) with an application with a false number of units per member.
Even if it is merely a ground for the administrative fine or the cancellation of establishment, it cannot be deemed that the Defendant’s application for registration of establishment based on the above ground constitutes “when it is registered by fraud or other improper means.”
② In the process of promoting the establishment of the I Medical Cooperation Association, Defendant A reported the authoritative interpretation of the Ministry of Health and Welfare or the Fair Trade Commission to the effect that “The act of paying contributions at the stage prior to the completion of the establishment of the Cooperative cannot be deemed an act of an executive officer or employee of the Cooperative, etc., and thus, the said penal provision does not apply to the act of paying contributions at the stage of the establishment of the Cooperative.”
B) As to the registration of change in false or unlawful means, ① This part of the facts charged is that “The president of the I Medical Life Cooperative shall submit an application for registration of change from B to C, and at that time, it made the above contents registered of change in the above Union.”
In this regard, the meaning of the above facts charged is whether “a false registration of change has been made after making a registration of change even if the Cro president was not changed.”