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(영문) 서울동부지방법원 2015.11.27 2015고정1739

의료법위반

Text

Defendant

A shall be punished by a fine of 2,00,000 won, and a fine of 50,000 won, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. No person, other than Defendant A Madices, shall open a massage place or massage place;

From October 16, 2014 to March 31, 2015, the Defendant, without obtaining recognition of a massage club, equipped with four rooms with the trade name of “F” on the sixth floor of the Songpa-gu Seoul E building, eight bedrooms, and employed employees B, etc. who are not qualified as a massage club, and had the said employees engage in massage using his/her hand by having the said employees perform massage using his/her hand in the manner of taking charge of 165,000 won from 22,000 to 165,000 won.

2. He/she shall not engage in massage for profit without obtaining his/her qualification as a inseminator accredited for defendant B;

From March 27, 2015 to March 31, 2015, the Defendant did not obtain the recognition of a massage club, for profit-making purposes, and received KRW 10,000 per hour from the business owner A at the business establishment listed in paragraph (1). The Defendant, who was employed as an employee, performed a massage operation by means of taking charge of learning, such as fingers, etc. against customers by hand.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol of suspect examination of G police officers;

1. Each statement of H and I;

1. Application of the photographic Acts and subordinate statutes;

1. A person who is a defendant of the pertinent legal provision and the choice of punishment for a crime: Articles 87 (1) 2, 82 (3), and 33 (2) of the Medical Service Act (Selection of Fine): Article 88 and 82 (1) of the Medical Service Act (Selection of Fine);

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

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