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(영문) 인천지방법원 2016.08.04 2016고단1203
사기등
Text

Defendants shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal history] Defendant A was sentenced to a suspended sentence of three years on September 7, 2013 by obstructing the performance of official duties in a deceptive scheme at the Seoul Central District Court on August 30, 2013, and the said judgment became final and conclusive on September 7, 2013, and is currently under suspended sentence.

[Criminal facts]

1. In order to establish a consumer life cooperative in violation of the cooperative law among consumers, at least one unit of equity shall be invested, as stipulated by articles of association, and the number of units of equity per member shall not exceed 20/100 of the total number of units of equity, and at least 300 persons who are qualified for membership shall be at least 300 persons, and the total amount of investments paid by a person who consents to establishment shall be at least 30 million won;

After establishing the F Medical Consumer Cooperatives, the Defendants were able to operate the F Medical Consumer Association by lending the name of the above Association and establishing a medical institution.

On June 3, 2014, the Defendants, without receiving KRW 5 million each of the investments from G, H, I, J, K, and L, drafted a false contribution certificate as if the aforementioned investments were made.

On June 18, 2014, the Defendants submitted an application for authorization to establish a cooperative for medical consumer life with the aforementioned false contribution payment certificate at the office of the Incheon Viewing and Social Economic Department located in Nam-gu, Incheon, Nam-gu, Incheon, and received authorization for the establishment of a cooperative on July 9, 2014.

On July 16, 2014, the Defendants entered the application for registration of the establishment of the F Medical Consumer Cooperative in accordance with the authorization letter issued in the office of the Incheon District Court registry of 163, the Nam-gu Incheon District Court (163), which was issued in a false manner, with the total amount of 44,870,000, and the total number of 44,870 shares of investment, into the application form for registration of the establishment of the F Medical Consumer Cooperative.

Accordingly, the Defendants conspired to register the establishment of the F Medical Consumer Cooperatives by fraud or other improper means.

2. Any person who violates the Medical Service Act;

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