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(영문) 서울고등법원 2016.12.08 2016노1940
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the violation of the Consumer Cooperatives Act, when the defendant paid contributions in the name of another person in violation of the restriction on the number of contribution units per member and completed the registration with the authorization to establish the O-life cooperative (hereinafter “instant life cooperative”), the court below found the defendant not guilty of this part of the charges by misapprehending the facts or by misapprehending the legal principles, although the crime of violation of the Consumer Cooperatives Act was established, since the defendant's act was established

B. As to the violation of the Medical Service Act and the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), the Defendant, who was a non-medical person, violated the Medical Service Act by establishing and operating Quwon (hereinafter “instant member”), and the lower court, who received the instant member’s medical care benefit from the National Health Insurance Corporation, which is not a medical institution lawfully established by the medical personnel, and acquired the instant member’s medical care benefit benefit from the National Health Insurance Corporation, thereby misunderstanding the facts or misunderstanding legal principles

2. Determination

A. (1) Determination on the violation of the Consumer Cooperatives Act (1) The summary of this part of the facts charged is as follows: (a) the Defendant, from June 2012 to September 2012, the Defendant paid 1,2140,000 won out of the Defendant’s contribution amount, in order to avoid the limitation on the number of contribution units per one person for the establishment of a consumer cooperative, E, in order to avoid the limit on the number of contribution units per one person for the establishment of a consumer cooperative, the amount of KRW 2,00,000 won among the union members, KRW 11,110,000 won, KRW 1020,000,000,000 won, KRW 1,010,000,000 as the contribution amount,

Then, the Defendant, as the president of Seoul Special Metropolitan City on October 23, 201, shall submit to the Seoul Special Metropolitan City, an application for authorization for the establishment of the instant agreement, documents, such as the above investment payment certificate, minutes of the inaugural general meeting, list of members present at the inaugural general meeting, etc., and by unlawful means around October 2

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