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The defendant shall be innocent.
Reasons
1. The summary of the facts charged is that the Defendant is able to engage in health and medical services for improving the health of its members under the Consumer Life Cooperative Act (hereinafter “Life Cooperative Act”) established pursuant to the Consumer Life Cooperative Act (hereinafter “Life Cooperative Act”). Based on the fact that the Defendant was able to engage in health and medical services for improving the health of its members, the Defendant was willing to create a legitimate external form to establish a medical institution.
(a) No executive officer or employee of an industrial cooperative, etc. that violates the Act shall register the industrial cooperative, by fraud or other improper means;
In order to establish an biological cooperative, at least 300 members of the cooperative shall invest at least one unit per person, and the total amount of investments paid shall not be less than 30 million won, and the number of units of one member of the cooperative shall not exceed 20/100 of the total number of units of investment.
The Defendant, from June 2012 to September 2012, the fact that the Defendant paid KRW 1,214,00 as the Defendant’s investment, was to avoid the limit on the number of investment shares per one person, and, in order to avoid the said limit, the Defendant drafted a certificate of investment by pretending to have paid KRW 2,00,000,000 for E among the union members, KRW 11,110,000 for F, KRW 1020,00 for G, KRW 1010,00 for H, and KRW 1,000 for each one million as the investment amount.
Then, the Defendant, as the president of the Seoul Special Metropolitan City living cooperative (hereinafter “O living cooperative”) around October 201, submitted an application for authorization of establishment, such as the said investment payment certificate, the records of the inaugural general meeting, the list of participants at the inaugural general meeting, and other documents, and obtained authorization of establishment on October 23, 2012.
After that, around November 1, 2012, the Seoul Central District Court stated that “total number of shares invested: 3,029 units, total amount of investments: 30,290,000 won” in the application form when filing an application for registration of the establishment of the above industrial cooperative with the registry office of the Seoul Central District Court around November 1, 2012, it was falsely stated that “the total number of shares invested: 3,029 units: 30,290,000 won
Accordingly, the Defendant is false or false.