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(영문) 대전지방법원 천안지원 2018.07.25 2017고합255

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

Defendants are not guilty.

Reasons

1. Defendant A was the president of the medical corporation “F” (hereinafter “the medical corporation of this case”) located in Seoan-gu, Seoan-si from around August 23, 2010 to December 31, 2015, and was currently registered as the president of the G Medical Foundation H convalescent; Defendant B was registered as the director of the medical corporation of this case from around August 23, 2010 to around July 23, 2013; Defendant C was registered as a director of the I Medical Foundation J. J. J. J. J. J. J. K. from around October 2011 to around July 23, 2013; Defendant C was registered as a director of the medical corporation of this case from around October 2013 to the management director; Defendant C was registered as the director of the medical corporation of this case from around 10, 2013 to around January 1, 2016 to the date of the pertinent medical corporation’s entry into the medical corporation of this case.

K has established a medical corporation in the process of seeking a method to establish a medical corporation without a doctor's qualification, and actually, by soliciting doctors, office chiefs for the operation of medical institutions, etc., and soliciting them to operate a convalescent hospital for profit, and deposited KRW 2 billion funds embezzled by K from L corporation working at the time, including the land owned by K, with one billion won each, into the account in the name of K and K, and submitting a certificate of the balance related to the establishment of the medical corporation, and completing the registration of the establishment of the medical corporation of this case by making it pretending to have contributed to the medical corporation of this case after having obtained permission for establishment of the medical corporation of this case from Chungcheongnam-do around November 18, 2008, and completing the registration of establishment of the medical corporation of this case by making M around December 2, 2008 as the president of the medical corporation of this case.

A. Defendant A and Defendant B’s joint crime 1) Medical Doctor, etc. (a doctor, dentist, herb doctor, midwife, State or local government, medical corporation, civil law or special law.

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