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(영문) 울산지방법원 2017.02.17 2016고합456
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

1. The registration of a consumer life cooperative shall not be made by fraud or other improper means in violation of the Act on Cooperation in Consumer Life;

Around March 2012, the Defendant recruited F and branch members who are her husband to organize the G Medical Life Cooperative Association, and recruited 303 members on the basis of the said promoters' association, and registered the establishment of the Ulsan District Court around July 27, 2012 at the G I restaurant located in Ulsan-gu H on April 14, 2012 (hereinafter referred to as "G Medical Life Cooperative"). “After the inaugural general meeting was held, the Defendant applied for the authorization of the establishment of the Ulsan Metropolitan City on June 8, 2012, and registered the establishment thereof with the Ulsan District Court around July 27, 2012.

However, in fact, in order to authorize the establishment and establishment of a consumer life cooperative, the total amount of investments must be at least 30 million won, and the number of shares of one member shall not exceed 20/100 of the total number of shares of investment (total amount of investment). The Defendant paid 6 million won investment, 5.99 million won of the above F, J’s investment 4.99 billion won, K’s investment 4.999 billion won, and 4.99 billion won of the money of K’s investment to be made only on documents, and as if the members agreed to establish a medical life cooperative, 10 persons including L, etc. who agreed to establish the inaugural general meeting minutes are delegated voting rights and voting rights even if they are not subject to delegation, five persons including M, etc. who are not entitled to consent to the establishment of a resident outside the business area under the articles of incorporation, and six persons, including N, etc., who are not entitled to participate in the inaugural general meeting without being present at the resolution of the general meeting, such as O, etc.

A false document, such as the minutes of the inaugural general meeting, shall be prepared and submitted to the person in charge of authorization to establish the medical life cooperative in Ulsan Metropolitan City, and the authorization to establish the consumer life cooperative on June 8, 2012 shall be granted.

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