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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울고등법원 2019.09.05 2019노631
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor for four years and for three years, respectively.

Reasons

1. Summary of grounds for appeal;

A. Defendant A(1) and the misunderstanding of facts and legal scenarios as to the violation of the Medical Service Act and the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) are based on the conditions of establishment authorization, which are set up by due process and established by Defendant A(hereinafter “F Association in this case”).

A) Members established the FFFF association. Each member joined the FF association according to his own will and paid the respective contributions. There was no procedural defect in the fact that all the inaugural general meeting held on November 7, 2011 and February 26, 2012. The circumstances that Defendant A did not play a substantial role in raising and managing funds for the FF association of this case are irrelevant to whether the establishment of the FF association of this case is lawful. The fact that the establishment of the FF association of this case was an opportunity to establish the FF association of this case and the seizure of I do not coincide with the time. Even if some defects were discovered at the time of the establishment of the FF association of this case, it cannot be deemed that Defendant A, who was intending to comply with all legal procedures, was aware of the criminal intent or illegality of the facts charged in violation of the Medical Service Act. Thus, insofar as Defendant A violated the Medical Service Act, the lower court cannot be deemed to have lawfully acknowledged the facts charged in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (hereinafter referred to as the Act) and thus, found Defendant A’s guilty.

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