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Defendant
A, C, and D shall be punished by imprisonment with prison labor for ten months, and by imprisonment with prison labor for eight months.
(2).
Reasons
Punishment of the crime
1. Status of parties and background of this case;
A. Defendant A, as the president of the incorporated association I (hereinafter “instant corporation”), was practically managing the J Council members from August 13, 2012 to February 1, 2013, and Defendant A served as the chief of K Council members from December 1, 2013 to October 1, 2014.
Defendant
B as the secretary general of the instant legal entity from September 3, 2009 to August 2013, 201, and from November 2, 2011 to June 30, 2013, the director general of the Kwon from November 2, 201 to June 30, 2013.
Defendant
C From November 2, 2011 to October 1, 2014, Kwon, Defendant D from August 13, 2012 to September 1, 2013, and Defendant D appears to be a clerical error in writing.
(hereinafter the same shall apply)
From December 9, 2013, M Council members were actually managed respectively.
B. On July 2009, Defendant A and B, who established the instant legal entity and the hospital, recruited “after establishing the instant legal entity, the Defendants, who are non-medical personnel, directly establish a medical institution in the name of the legal entity, or let another person establish a medical institution and then divide profits therefrom.”
Accordingly, Defendant A and B obtained permission to incorporate the company on August 10, 2009, permission to amend the articles of incorporation for the establishment of Kwon on May 10, 2010, and permission to amend the articles of incorporation for the establishment of Kwon on August 9, 2012.
① There was no fundamental property of the instant corporation, ② there was no extraordinary meeting to incorporate the corporation or to amend the articles of incorporation, and ③ there was no intention to actually act as a director or member.
(4) An annex building of the temple, which is registered as a corporate office, was not used as an office, and there was no employee working in this regard.
Nevertheless, the above Defendants made a resolution to incorporate the said Defendants into the inaugural general meeting by 138 members, which is the fundamental property of KRW 30 million, and by 127 members.