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(영문) 전주지방법원 정읍지원 2016.06.22 2016고합1
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A Imprisonment with prison labor of one year and six months, two years of imprisonment with prison labor of Defendant B, 8 months of imprisonment with prison labor of Defendant C, and 5 million won of Defendant D.

Reasons

Punishment of the crime

[The Defendants’ position, role, and public invitation relationship] Defendant C was the representative of the corporate body J (hereinafter “instant corporate body”) from July 6, 201 to July 16, 2012. From July 16, 2012 to May 20, 2014; and Defendant D was the representative of the aforementioned corporate body from May 20, 2014 to November 30, 2015; Defendant A was the actual operator of “M member” in the former Northwestan forces from November 9, 201 to September 5, 2013; Defendant B was the actual operator of “M member” from around January 31, 2012 to around November 30, 2015.

Defendant

C was introduced by Defendant A to establish and operate a hospital through P on April 201, when the corporation was established and the investor was found to operate the hospital, and Defendant C and Defendant A sought a method to establish a medical institution without a doctor's license.

From that point of view, Defendant C and Defendant A agreed to establish a non-profit incorporated association in the form of environmental movement formally by using the fact that the establishment of a medical corporation does not meet strict requirements for permission if the medical corporation is established and operated as a profit business to achieve the purpose by amending the articles of association after obtaining permission for the establishment of a non-profit incorporated association for the purpose of environmental movement, and instead, Defendant C assigned the representative of the above corporation, and instead established and operated the medical institution under the name of the above corporation.

According to the foregoing agreement, Defendant C had a principal office in Q Q in the following cities around July 26, 2012, and applied for the establishment of the instant legal entity with basic property of KRW 40,000,000, and obtained permission for establishment around August 25, 201.

Since then, around October 31, 201, Defendant C amended its articles of incorporation to add “business of installing and operating medical facilities in the improvement of the medical environment” to “business of installing and operating medical facilities in the medical environment” to the business for the purpose of the instant legal entity, and obtained permission from the competent administrative agency around November 1 of the same year.

And Defendant A.

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