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(영문) 서울북부지방법원 2015.01.27 2014고정2930

의료법위반

Text

Defendant shall be punished by a fine of KRW 3,500,000.

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

Reasons

Punishment of the crime

A person who is not accredited as a massage by the competent authority is prohibited from opening a massage place and from performing massage activities. However, the Defendant operated the massage business with the trade name of “C” on the third floor of the building located in Gangnam-gu Seoul Metropolitan Government from January 8, 2013 to September 29, 2014, and employed D, E, F, etc. who was not accredited as a massage by the competent authority as a female employee on the condition that he/she would pay 2.5 million won per month after installing five rooms in which bathing rooms are installed at that place, and then paid 2.5 million won per month, the said female employee found the place and caused the said female employee to engage in massage activities by taking charge of telegraph or passing a gram on his/her hand by receiving 50 thousand won or 100 thousand won from customers.

As a result, the Defendant established a massage treatment facility without recognition of a massage, and conspired with D, E, and F to engage in an act of massage for profit.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol for G, D, F, and E;

1. The police statement of H;

1. Application of statutes on field photographs;

1. Relevant Article of the Criminal Act; Articles 87 (1) 2, 82 (3), and 33 (2) 1 (a) of the Medical Service Act (the establishment of a massage place) concerning criminal facts; Articles 88 and 82 (1) of the Medical Service Act; Article 30 of the Criminal Act; the selection of fines for negligence;

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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.