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(영문) 울산지방법원 2016.06.17 2016고합102
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

1. While the Defendant in violation of the Medical Service Act found a method to establish and operate a medical institution despite the absence of a medical license, the Defendant established and operated a medical institution as the representative of the consumer life cooperative by formally using the fact that the Act on the Consumer Life Cooperatives applies in preference to the Medical Service Act, and thereafter, recruited its members by allowing them to sign and affix a seal on the written consent for establishment through his/her family members and branch members. The amount of money necessary for the establishment of the association is borne by the Defendant to satisfy the conditions for the establishment and authorization of the association prescribed in the Enforcement Decree of the Consumer Life Cooperative Act (the total amount of money paid at least 300 persons who consent to establishment and 30 million won and 30 million won) with the burden of the Defendant, thereby falsely inviting its members. The limit of the number of shares invested by one member is determined by the articles of association within the limit of 1/5 of the total number of shares invested by each member and the following medical institution was established with the name of each member affiliated with the hospital (the number of shares invested by each member).

Therefore, the Defendant pretended to prepare the articles of incorporation by formally organizing the promoters by lending the name of the branch, promising the discount of medical expenses at the time of opening a medical institution, and taking 10,000 won, and held an inaugural general meeting formally by pretending that the Defendant actually paid most of the total amount of 31,100,000 won to the union members.

The Defendant on August 6, 2012, Ulsan-gu.

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