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A defendant shall be punished by imprisonment for not less than three years and six months.
Reasons
Punishment of the crime
1. While finding a method for establishing and operating a medical institution despite the fact that the defendant is not a doctor, etc., he/she shall establish and operate a medical institution as a representative of the consumer life cooperative in a formal manner by taking advantage of the fact that the provisions of the Act on the Cooperation in Consumers (hereinafter referred to as "the Act"), which takes precedence over the Medical Service Act, and then shall establish and operate the medical institution, and shall invite its members by allowing the defendant to sign and seal on the written consent of the establishment through his/her family members and persons. The funds necessary for the establishment of the association shall be borne by the defendant and shall meet the conditions for the establishment and authorization of the association prescribed in the Enforcement Decree of the Act on the Cooperation in Medical Service (at least 300 persons who consent to establishment and at least 30 million won, and the total amount of investment at least 30 million won). The limit of the number of shares invested by one member of the association shall be determined by the articles of association within the limit of 1/5 of the total number of shares invested by each of the following medical institutions.
Accordingly, on October 2006, the Defendant pretended to prepare the articles of incorporation by formally organizing the promoters by lending the name of the branch, promising to discount medical expenses when establishing a medical institution, receiving KRW 10,000,000,000,000 from the Defendant’s total amount of investment, and KRW 15,000,000,000,000,000,000 won from the Defendant’s paid-in capital, and KRW 5,00,000,000,000,000 won from the Defendant’s paid-in capital.