(영문) 대구지방법원 2017.11.17 2017고정1824




A shall be punished by a fine of KRW 500,000,000,000,000,000.

The above fines are imposed by the Defendants.


Punishment of the crime


B A is a person who operates a sports marina business with the trade name "D" from the Daegu Suwon-gu C and the second floor, and the defendant A is a person employed by the above business entity and has a sports marina.

1. A person who intends to run Defendant A’s massage shall obtain certification of qualification as a massage club from the competent Mayor/Do Governor, as a visual disabled person under the Welfare of Persons with Disabilities Act;

Nevertheless, from March 2017 to July 18, 2017, the Defendant, for the purpose of profit-making, committed an act of massage with the company, without obtaining the qualification of a massage club from the competent authority, not from the perspective of a person with a disability, and without obtaining the qualification of a massage club from the competent authority, he received 35,000 won from a large number of unspecified customers, and engaged in an act of massage, such as selling telegraphs, pressure, and drinking.

2. Defendant B, an employee of the Defendant, committed an offense in the same manner as described in paragraph (1) in relation to the Defendant’s business at the time and place described in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. A E-document;

1. Report on detection (in violation of the Medical Service Act), field photographs, etc. (including certificate of business registration), and the application of a copy of each decision;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 88 subparag. 3 of the Medical Service Act, Article 82 subparag. 1 of the Act, and Article 82 of the Act on the Selection of Fines

(b) Defendant B: Articles 91, 88 subparag. 3, and 82 subparag. 1 of the Medical Service Act

1. Defendants to be detained in the 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