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A defendant shall be punished by imprisonment for a term of one year and two months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
Basic Facts
On June 18, 2011, the Defendant is the president of the D Living Cooperatives established for the purpose of establishing and operating a medical institution, and is a person who, under the name of the Dong-gu Daejeon District on August 19, 201, established and operated a “F Council member” in the name of the Dong-gu Daejeon District.
The Defendant was unable to establish a hospital because he was not a medical personnel, and was able to establish and operate a hospital in the name of a cooperative on the ground of false members.
Accordingly, in order to establish a consumer life cooperative, the defendant must have at least 300 persons who are qualified for membership, and the total amount of investment paid by a person qualified for membership must be at least 30 million won, as prescribed by the articles of association. In this case, one member's number of shares must be more than 20/100 of the total number of investment paid-in capital, which is the standard for authorization of establishment, has not been more than 30 million won, but not less than 280 persons, including G, etc., in order to be able to accommodate at least 300 persons who agreed to establish a consumer life cooperative, the defendant falsely prepared the details of the payment of investment and an application for membership, etc. as if he received the payment of investment, and after manipulating the list of members present at the inaugural general meeting, filed an application for authorization of establishment of the D Living Cooperative in the Daejeon Metropolitan City Office by unlawful means on June 18, 201.
Criminal facts
1. No person, other than a medical doctor, dentist, herb doctor, midwifery, the State or a local government, a medical corporation, a non-profit corporation, quasi-government institution, local medical center, or the Korea Veterans Welfare and Healthcare Corporation under the Civil Act or any special Act, may establish a medical institution;
The defendant is aware that a D-living cooperative is not a non-profit corporation that is qualified to establish a medical institution in an unlawful manner as described in the above basic facts.