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(영문) 의정부지방법원 고양지원 2018.09.13 2018고정729

의료법위반

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

A massageman shall obtain the recognition of qualification from the Mayor/Do Governor, and he/she shall not establish a massage place unless he/she is a massage doctor.

Although the Defendant did not obtain recognition of the qualification as a massage, from June 9, 2017 to May 8, 2018, the Defendant opened a “C” massage place located in the Goyang-gu Seoul Metropolitan City B third floor of Goyang-si, and received 55,000 won from customers who found the said place of business and received 50% of 50 won from them.

Summary of Evidence

1. Statement by the defendant in court;

1. Transmission of civil petitions (two cases, such as D, etc.) to the civil rights committee;

1. Application of Acts and subordinate statutes to report internal investigation (C on-site investigation);

1. Relevant Article of the Act on Criminal Facts, Article 87(1)2, Article 82(3), Article 33(2) of the Medical Service Act (which means the establishment of a place of massage practice inside a disqualified person), Article 88 Subparag. 3, and Article 82(1) of the Medical Service Act (which means the inside of a disqualified person’s profit-making purpose), and selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;