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(영문) 부산지방법원 2018.11.02 2017고합482
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A Imprisonment for three years, and a fine of KRW 10 million shall be imposed on Defendant B, respectively.

Defendant

B. The partnership.

Reasons

Punishment of the crime

【No person may establish a medical institution, other than a doctor, herb doctor, dentist, assistance in child delivery, the State, a local government, a medical corporation, or a non-profit corporation, etc. (hereinafter referred to as “C”) and the establishment of a CC (hereinafter referred to as “C”) shall aim to contribute to improving the consumer life of its members and improving the welfare and living culture of its members by facilitating the activities of self-reliance, self-reliance, and self-governing C unions based on the spirit of mutual assistance. At least 300 persons who consent to the establishment of a C, at least one unit of equity shall be required to be present at an inaugural general meeting, at least a majority of its members, at an inaugural general meeting, at least a majority of its members, and at least 20 percent of the number of its members shall be required not to exceed 20 percent of the total number of shares invested. The total amount of investments paid by a person who consented to the establishment of a C shall be required to meet at least 30 million won with consent of the members present at an inaugural general meeting after establishment.

Nevertheless, D and E had found the method of opening and operating a medical institution, using the fact that C and C are preferentially applied to the Medical Service Act (hereinafter “C Act”), and had tried to establish C and to establish a medical institution for profit-making purposes.

D In paying a total of 34,120,000 won, the fact is that the person himself/herself has paid a total of 34,120,000 won, by lending the name of the branch, such as F, G, H, I, J, K, and K even though he/she has paid a total of his/her investment, the number of units of investment per member does not exceed 20/100 of the total number of units of investment, and it is presumed that he/she has paid a total of 30,000 won at the normal standard amount of 30,000 won from the union member, and E has been in office as the president in the recruitment

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