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(영문) 대전지방법원 2018.11.08 2018고합357
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A Imprisonment for three years, and Defendant B shall be punished by a fine of 5,000,000 won, respectively.

However, the defendant A.

Reasons

Punishment of the crime

Defendant

A is the chief director of the cooperative B in Sejong City, and the defendant B is a corporation established for the purpose of medical business.

1. Defendant A

(a) Executive officers and employees of a consumer life cooperative, etc. who violate the cooperative law by fraud or other improper means shall not register the establishment of a consumer life cooperative, and at least 300 members of the cooperative shall have invested at least one unit per one unit, and the total amount of their investments shall not be less than 30 million won, and the number of units of one member of the cooperative shall not exceed 20/100 of the total number of units of their investments;

Nevertheless, the Defendant paid 24,00,000 won out of the total amount of 31,270,000 won invested by its members, and prepared a false certificate of investment payment as if its members made their respective investments. On December 1, 2010, the Defendant submitted to the Daejeon Metropolitan City related documents, such as a false certificate of investment payment, and submitted them to obtain authorization for the establishment of the B Cooperatives from Chungcheongnam-do on December 1, 2010, and completed registration for the establishment of the B Cooperatives on December 6, 2010 by the Daejeon District Court Sejong District Court Sejong Metropolitan City as the representative of the Defendant.

Accordingly, the defendant registered the establishment of the B Cooperatives by fraud or other improper means.

(b) No person who violates the Medical Service Act may establish a medical institution except for doctors, etc. as provided for in the Medical Service Act;

Nevertheless, after establishing a cooperative B by unlawful means as above, on December 14, 2010, the Defendant employed a medical staff, such as E oriental medical doctors, nurses, etc., and provided a medical room, etc., and established a medical institution under the name of “F Chinese Medical Institute,” the Defendant operated the hospital under the name of “F Chinese Medical Institute.”

(c)

Where a person who is not eligible to establish a medical institution under the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) has employed his/her doctor to conduct medical practice, he/she may not claim medical care benefits costs under the National

Nevertheless, the Defendant from around December 2010 to September 2017.

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