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(영문) 부산지방법원 2017.09.26 2017고합227
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A Imprisonment of 2 years and 6 months, Defendant B's imprisonment of 2 years, and Defendant C Consumer Cooperative shall be punished by a fine of 15,00.

Reasons

Punishment of the crime

【No person, other than a doctor, herb doctor, dentist, assistance in child delivery, the State, a local government, a medical corporation, a nonprofit corporation, etc., shall establish a medical institution.

I, as it is not entitled to establish a medical institution, has established a consumer life cooperative under the Consumer Living Cooperative Act formally, and has abused it on its own account to establish and operate a medical institution.

Around March 5, 2004, he did not join a number of members, including J, K, and L, with his own intent, and did not participate in the board of directors or inaugural general meeting, but did not normally complete the establishment procedure, he obtained authorization for the establishment of C Consumer Cooperative (hereinafter “M”) by falsely preparing documents, such as written consent to the establishment of a cooperative, written contribution certificates, minutes of inaugural general meeting, etc., and submitting them to the Busan Metropolitan City Mayor. Even if a specific individual does not invest more than 20% of the total amount of investment, he did not comply with the investment restriction regulations, such as payment on behalf of most of the total amount of investment, and since most of the members were unaware of the details of the operation of the hospital, M did not properly provide support to the consumer life cooperative.

Nevertheless, from May 21, 2004 to August 15, 2004, I established and operated a medical institution under the name of "C Consumer Cooperative Pursuant to the name of "PP member of the Busan Metropolitan City Consumer Cooperative" after leasing the building with medical facilities, such as medical care rooms, and employing doctors'O, etc. from around May 21, 2004. From around August 16, 2004 to June 26, 2005, I established and operated a medical institution under the name of "member of the C consumer cooperative affiliated with the C consumer cooperative".

On the other hand, Defendant A from November 2004 to the next month, delivered to I a total of KRW 50,000,000, and I as above.

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