보건범죄단속에관한특별조치법위반(부정의료업자)등
Defendant shall be punished by imprisonment for one year and a fine of 2,00,000 won.
When the defendant does not pay the above fine.
Punishment of the crime
The Defendant is a person who operates the vertebrate Rehabilitation Center in the name of “F” in Gunpo-si E building 502.
1. No person, other than a doctor, shall engage in medical practice as his/her business for commercial purposes in violation of the Act on Special Measures for the Control of Public Health Crimes;
Notwithstanding that the Defendant was not a doctor, on October 2015, from around 2015 to January 19, 2016, against the above “F” average of 40 customers per month from the said “F,” the Defendant was placed on the Karo-ray test, on the pretext that he/she would correct boom and spine and assist rehabilitation, and received, in return, a medical act, such as correcting the bones through pressure, math, etc. by hand, and issued KRW 50,000 won per time (a total of KRW 6 million between three months).
Accordingly, the defendant was engaged in medical practice for profit-making purposes even though he was not a doctor.
2. No person, other than a medical corporation, medical institution, or medical person, that has violated the Medical Service Act, shall advertise medical treatment;
피고인은 의료인이 아님에도 불구하고 2016. 1. 경 피고인이 운영하는 위 ‘F’ 홈페이지에 자신의 약력을 ‘Dr. A 원장/ 척추 신경학 전공 D.C (Doctor of Chiropractic), 미국 Chiropractic NBCE 보드 카이로 프 랙 틱 닥터’ 등으로 소개하고, 위 ‘F’ 센터 입구에 ‘Dr. A’s Chiropractic 편안한 척추, G 재활센터, F 편안한 척추 부설, H 센터 체형 교정 맞춤운동시스템, [ 전문과목] - 골반 변 위, - 아이 키성장, - 척추 측만, - 휜 다리, - 일자 목, - 굽은 등, - 디스크 재활운동‘ 이라고 게시하였다.
As a result, the Defendant advertised medical treatment even though he is not a medical person.
Summary of Evidence
1. Partial statement of the defendant;
1. Application of the Acts and subordinate statutes concerning photographs and field photographs by cutting down the F website;
1. Article 5 subparag. 1 of the Act on Special Measures for the Control of Optional Health Crimes, Article 5 of the Act on Special Measures against Crime, Article 27 subparag. 1 of the Medical Service Act (the occupation of an unlicensed medical act for profit and the choice of organic imprisonment), and the Medical Service Act.