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(영문) 서울중앙지방법원 2018.01.12 2017고합524
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A and B imprisonment for two years, and Defendant C Medical Consumer Cooperatives shall be punished by a fine of KRW 10,00,000, respectively.

Reasons

Punishment of the crime

Defendant

A is the president of the medical consumer life cooperative, and the defendant B is the director of the above cooperative.

1. Executive officers and employees of Defendant A and B shall not register the establishment of a consumer life cooperative by fraud or other improper means, and at least 300 members of a cooperative shall invest at least one unit of equity to pay for at least 30 million won, and the total amount of equity investment shall not exceed 20 million won, and the number of units of equity investment by one member of a cooperative shall not exceed 20 percent of the total number of units of equity investment;

Nevertheless, the Defendants established a medical consumer cooperative that can establish a medical institution formally by using the fact that the consumer life cooperative can conduct health and medical business for the improvement of its members' health, and provided a legitimate external punishment, and had the medical consumer cooperative established and operated a medical institution in the name of the medical consumer life cooperative.

Although Defendant A paid KRW 25 million out of the total amount of 33 million investments in the cooperative, Defendants A, F ( husband of Defendant A), G (Defendant A), and H (Defendant A’s son), respectively, shall prepare a false certificate of payment of investment as if Defendant B (Defendant A’s son), and as if Defendant B (Defendant A’s son), made a false statement of the minutes of the inaugural general meeting and the participants of the meeting as if they were present at the general meeting even though the first and J did not have any fact of departure from Korea to attend the general meeting, and submitted relevant documents, such as the minutes of the inaugural general meeting, the list of persons present at the inaugural general meeting, and a certificate of payment of investment, etc., which were falsely prepared in Seoul Special Metropolitan City, and completed the registration of the establishment of the said cooperative around December 18, 2009.

[Criminal facts]

(a) Any person who violates the Medical Service Act shall be as provided in the Medical Service Act;

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