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(영문) 광주지방법원 2018.08.10 2017고단4475
사기등
Text

1. Defendant A shall be punished by imprisonment with prison labor for a year and two months;

2. Defendant B and C shall be punished by imprisonment with prison labor for one year.

Reasons

Punishment of the crime

1. Joint crimes committed by Defendant A, B, and C;

(a) In order to establish a consumer life cooperative in violation of the cooperative law among consumers, at least one unit of equity shall be invested, as stipulated by articles of association, and the number of units of equity per member shall not exceed 20/100 of the total number of units of equity, and at least 300 persons who are qualified for membership shall be at least 300 persons, and the total amount of investments paid by a person who consents to establishment shall be at least 30 million won;

After the Defendants established the best association of E, they were able to operate the term-based office hospital by lending the name of the above association and establishing a medical institution. Defendant A was in charge of overall affairs, such as the establishment of the association and the operation of the hospital. Defendant B was in charge of the establishment of the hospital, and Defendant C was willing to bear the burden of establishing the association.

On June 25, 2014, the Defendants drafted a false statement of payment transaction of investments by remitting money equivalent to the said investments to B account under the name of the president of the union, in the name of the said person without receiving investments from F (2 million won), G (2 million won), H (6 million won in investments), H (6 million won in investments), I (6 million won in investments), A (6 million won in investments), and J (2 million won in the name of the said person.

around July 3, 2014, Defendants submitted an application for authorization to establish an E association by submitting an application for authorization to establish an E association on July 23, 2014, along with the aforementioned false statement of investment transactions at the privately-economic department office of the Gwangju Metropolitan City Office located in Seo-gu, Gwangju Metropolitan City.

On July 28, 2014, according to the letter of authorization for establishment issued in the office of the Gwangju District Court at the registration division of the Gwangju District Court, the Defendants made an application for registration of establishment of an E association by falsely stating the total amount of 30,490,000 won in total, and the total number of shares of investment 3,049 units in total.

As a result, the Defendants conspired to commit fraud or fraud.

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