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(영문) 서울서부지방법원 2018.09.20 2017고정169
의료법위반등
Text

Defendant

A shall be punished by a fine of 10,000,000 won, and a fine of 20,000,000 won, respectively.

The above fine is imposed against the Defendants.

Reasons

Criminal facts

Defendant

B obtained authorization from the Seoul Special Metropolitan City Mayor on March 15, 201, and completed the registration of the establishment of the cooperative around the 18th day of the same month (hereinafter “instant cooperative”). Defendant A was the president of the said cooperative, from around December 10, 2010, who established the Gangnam-gu building D and the “F member” in subparagraph (hereinafter “instant member”). From around March 24, 2011, the founder of the instant member was changed into the instant cooperative, from around March 24, 2011 to around September 12, 2012, the Plaintiff was working for the instant member, and was a director of the instant cooperative from around March 24, 2011.

1. A person who violates the Medical Service Act shall not establish a medical institution, other than a medical doctor, herb doctor, dentist, assistance in child delivery, the State, a local government, a medical corporation, a non-profit corporation, or a quasi-government institution, and shall not register the establishment of a cooperative by fraud or other improper means in order for a cooperative established under the Consumer Living Cooperative Act to establish a medical institution;

In order to register the establishment of a cooperative pursuant to the Cooperative Act for one consumer life, it is necessary to attend the general meeting of the cooperative with the attendance of a majority of the persons consenting to the establishment of the cooperative and the consent of at least two-thirds of those present at the meeting of the cooperative, and at least one member shall invest at least one unit, and the number of shares per member shall not exceed 20 percent of the total number of shares of the cooperative.

After the establishment of the instant association, Defendant A decided to work for the founder of the instant association after changing the said member to the instant association. Defendant B conspired with the president of the instant association to operate the instant member, and 210 of the members of the Seoul Special Viewing Civil Service Center, which was held on March 15, 201, held on January 15, 201, at the time of the inaugural general meeting of the instant association, 4.10 of the persons consenting to the establishment of the instant association, which was held on January 15, 201, were present, and Defendant B paid a total of KRW 31,439,00 for the persons consenting to the establishment of the instant association, including KRW 5 million and KRW A5 million.

the inaugural general meeting mentioned.

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