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(영문) 인천지방법원 2019.08.16 2018노3360
소비자생활협동조합법위반
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

In light of the purport of Articles 1, 6, and 15, if a union registers its establishment with authorization for establishment, it shall be deemed that such act constitutes “when a union registers its establishment by false or unjust means” under Article 85(2)3 of the Biological Cooperation Act, notwithstanding Article 88(2)1 of the Biological Cooperation Act.

4) Based on the above legal doctrine, the act of formulating and submitting a false investment certificate as if H and I paid the investment amount of KRW 3 million in total under the name of H and I constitutes “when the establishment is registered by false or unlawful means” (in addition, in the case of this case, it exceeds the limit of KRW 70.10,000 ( KRW 6,726,000) investment per one person ( KRW 333,630,000 ( KRW 300,000) investment amount of KRW 40,000) where the Defendants were to be deemed to be the investment amount of Defendant A who provided the actual fund of KRW 3 million paid by the Defendants (in the case of this case, the amount exceeds the total amount of KRW 33,630,000).

Therefore, the Defendants’ assertion on this part is without merit.

3. Judgment on the prosecutor's assertion of mistake of facts

A. The summary of this part of the facts charged is that Defendant A is the president of the CMedical Life Cooperatives (hereinafter “Cmedical Life Cooperatives”) and Defendant B is the C Medical Life Consultative Director, and the head of the D Medical Life Consultative Office established in the name of C Medical Life Consultative Office.

No executive or employee of a cooperative may register a consumer cooperative by fraud or other improper means.

Defendant

A is unable to open a hospital in its own name due to the obligees' seizure of their personal property from the obligees. A is willing to obtain authorization from the medical consumer cooperative and to open a hospital in order to establish a medical consumer cooperative, and at least 30 million won is not satisfied while soliciting its members, and the number of contribution units per member is total.

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