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(영문) 울산지방법원 2015.12.24 2015고합195
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A Imprisonment for three years, and Defendant B shall be punished by a fine of 3,000,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. Defendant A

A. While the Defendant in violation of the Medical Service Act found the method of establishing and operating a medical institution despite being disqualified as a person without a doctor’s license, the Defendant: (a) as a representative of the consumer cooperative law, established and operated a medical institution formally by taking advantage of the fact that the consumer cooperative law applies in preference to the Medical Service Act; and (b) recruited its members by allowing them to sign and seal on the written consent of establishment through his/her family members and branch members; and (c) as a non-profit corporation, organized the FF Cooperative (hereinafter referred to as “FF Cooperative”) under the Enforcement Decree of the Consumer Cooperatives Act (hereinafter referred to as the “FF Cooperative”) with the burden of the Defendant to contribute to the establishment and authorization of the cooperative (the total amount of at least 300 persons consenting to establishment and at least 30 million won) and falsely recruited its members; (d) despite the fact that the number of shares invested by one member of the cooperative is set by the articles of association within the limit of 1/5 of the total number of shares invested by the Defendant’s association, the Defendant and its members agreed to establish and operate the medical cooperative (hereinafter referred to “the Defendant and its affiliated medical institution”).

On April 2009, the Defendant paid in lieu of the Defendant’s total amount of KRW 30 million,00,000,000,000,000,000,0000 to members G, including the Defendant’s investment of KRW 10,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won.

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