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(영문) 청주지방법원 충주지원 2017.06.29 2017고합1
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A Imprisonment with prison labor for five years and for one of the crimes listed in the judgment of Defendant B, imprisonment for six months and for two of the crimes listed in the judgment of the court below.

Reasons

Punishment of the crime

[criminal record] On November 24, 2016, Defendant A was sentenced to a suspended sentence of two years for a crime of taking property in breach of trust at the Cheongju District Court, and the judgment was finalized on December 2 of the same year. Defendant B was sentenced to a suspended sentence of two years for a crime of violation of the Narcotics Control Act at the Cheongju District Court’s Assistance on September 18, 2015, and the judgment was finalized on the 26th of the same month after being sentenced to a suspended sentence of two years for a crime of violation of the Narcotics Control Act.

[Criminal facts]

1. No executive, employee, etc. of a medical service cooperative, cooperative, consumer life cooperative, etc. shall register a consumer life cooperative by fraud or other improper means;

In addition, no person may establish a medical institution, other than a doctor, herb doctor, dentist, assistance in child delivery, the State, a local government, a medical corporation, a non-profit corporation or quasi-governmental institution under civil law.

The Defendants, other than doctors, etc., prepared the articles of incorporation of not less than 30 promoters and planned to establish and operate a medical institution for personal operation by preparing false documents and submitting them to the competent administrative agency without following the above procedures, and Defendant A made decisions on the amount of money necessary for the establishment of the medical institution, including at least 300 members, at least one member of the association, at least 30 million won in total, and at least 30 million won in total (Provided, That the number of shares of one member of the association shall not exceed 20/100 of the total number of shares of investment); and Defendant B made a public offering by sharing roles, such as providing external names such as the chief director, and Defendant B shared duties by sharing roles.

2.3.

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