beta
(영문) 수원지방법원 2020.06.04 2020고정54

의료기사등에관한법률위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. An optician who commits a crime from September 21, 2017 to October 16, 2017 may establish only one eyeglass shop.

Nevertheless, the Defendant established and operated eyeglass shops under the trade name “D” from July 25, 2017 to October 16, 2017, under the name of “D,” among “D” in the first floor of B building 1 in Gyeonggi-si. However, around September 21, 2017, the Defendant loaned an optician license from E, an optician, and opened and operated “G” in Suwon-si, Suwon-si, from around September 21, 2017 to October 16.

Accordingly, the Defendant established two eyeglass shops.

2. An optician who commits a crime from around August 22, 2018 to December 12, 2018 may establish only one eyeglass shop.

Nevertheless, from August 22, 2018, the Defendant established and operated eyeglass shops with the trade name “G” in the 1st floor C of the building B in the light of the game from around August 22, 2018, but operated “G” in the Suwon-si F established under the name of E by lending an optician license from August 22, 2018 to December 12, 2018.

Accordingly, the Defendant established two eyeglass shops.

Summary of Evidence

1. Each police interrogation protocol of the defendant's suspect E in court statement, and H;

1. Each police statement made to I;

1. A criminal investigation report (G lessors' investigation), a criminal investigation report (data attached thereto and a suspect E business closure date);

1. Application of statutes to the business registration certificate (G chain), card sales slips, copy of real estate contract, copy of the business registration certificate, and copy of the application for the establishment registration of eyeglass shops;

1. Subparagraph 2 of Article 31 and Article 12 (2) of the Medical Technicians, etc. Act concerning criminal facts;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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