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(영문) 인천지방법원 2016.05.25 2015고합770
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A shall be punished by imprisonment for four years.

Of the facts charged in the instant case, the fraud of Defendant A’s victim CR has been raised.

Reasons

Punishment of the crime

1. In order to establish a consumer life cooperative in violation of the Cooperative Act by Defendant A, at least one unit of equity shall be invested, as stipulated by articles of association, and the number of units of equity per member shall not exceed 20/100 of the total number of units of equity, and at least 300 persons who are qualified for membership shall be at least 300 persons, and the total amount of equity investment paid by a person who consents to establishment shall be at least 30 million won;

On May 18, 2011, the Defendant did not receive KRW 3 million from the CSS, CT, and CU, respectively, and invested KRW 9 million, but the Defendant did not make an investment. However, the Defendant prepared a false certificate of payment of investment as if the said person made an investment of KRW 3 million.

On June 3, 2011, the Defendant submitted an application for authorization to establish a cooperative for D Medical Life on the 24th of the same month, along with a false contribution payment certificate, at the office of the Incheon Viewing Social Economy Department located in the Nam-gu Incheon Metropolitan City, Nam-gu.

On June 30, 201, the Defendant entered the application for the registration of the establishment of the D Medical Life Cooperative in accordance with the letter of authorization issued in a false manner, and made it possible to establish the date of establishment on the same day, by falsely stating the amount of KRW 30,610,00 in total amount of investment, KRW 1,000 in total amount of investment, and KRW 30,610 in total number of investment units, and KRW 30,610 in total number.

Accordingly, the defendant registered the establishment of a D Medical Life Cooperative by fraud or other improper means.

2. No medical institution, other than Defendant A’s violation of the Medical Service Act, fraud, intent to violate the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, medical corporation, or non-profit corporation, shall establish a medical institution, and no medical institution established and operated by a person who is unable to establish a medical institution under the name of the medical person’s license or medical corporation, etc. shall claim medical care benefits

A. CV Han-won 1) The Defendant around July 15, 201, Incheon.

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