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(영문) 의정부지방법원 2016.09.22 2015고합239
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A Imprisonment for six years, each of the defendants B, C, and D shall be punished by a fine of 3,00,000 won.

Defendant

H, C, and D as above.

Reasons

Punishment of the crime

Defendant

A on June 26, 2009, he/she was sentenced to imprisonment with labor for a violation of the Medical Service Act, etc. by the Chuncheon District Court, and was released on May 20, 2010 and passed on August 5, 2010 during the execution of the sentence.

[2015 Gohap 239]

1. In order to establish a consumer life cooperative in violation of the consumer life cooperative law with Defendant A, B, or C, the total amount of investments paid by a person who is qualified for membership shall be at least 30 million won, and the number of units of investments by one member shall not exceed 20/100 of the total number of units of investment, and executives and employees of a cooperative, etc. shall not register a consumer life cooperative by fraud or other improper means;

Defendant

A had the intention to establish a medical consumer cooperative under the name of Defendant B and C after lending the name of Defendant B and C, and then had the intention to establish a medical institution under the name of the cooperative.

Defendant

A around April 2013, on behalf of Defendant B, C, and D (nameJ prior to the opening of a name), made an investment verification certificate as if Defendant B invested KRW 60.10,000, Defendant C, and D invested KRW 30.10,000,000, etc.

Defendant

B and C allowed Defendant A to register as the president of the I Medical Consumer Cooperatives even though they did not intend to be in charge of the duties of the president of the I Medical Consumer Cooperatives. Accordingly, Defendant A and C respectively prepared a list of executive officers of the I Medical Consumer Cooperatives as the president of the I Medical Consumer Cooperatives.

A. On August 2013, Defendant A and Defendant B filed an application to establish a false or unlawful method with the Gangwon-do Office for authorization to establish a medical consumer cooperative, along with the said investment verification certificate, and the list of executive officers Defendant B recorded as the chief director, with the authorization for establishment on August 27, 2013, and the establishment on August 28, 2013, with the filing of an application to register the establishment of the said cooperative with the Office of Gangwon-do Office. In sum, Defendant A filed an application to register the establishment of the said association with the office of the Government District Court of the Republic of Korea on August 28, 20

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