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(영문) 서울중앙지방법원 2017.07.21 2016고단6906

변호사법위반등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

(e).

Reasons

Punishment of the crime

On September 7, 2016, the Defendant was sentenced to six months of imprisonment (two years of suspended execution) due to the Defendant’s violation of the Child Reinstatement Act in the Daegu District Court Kimcheon branch on September 7, 2016, and the judgment became final and conclusive on September 20, 2016.

No person shall establish a massage place for profit without obtaining the recognition of qualifications for massage.

Nevertheless, the Defendant, in collusion with the above-mentioned E, established a massage place for the purpose of profit-making by not obtaining recognition of qualification as a massage club between November 20, 2014 and December 20, 2014. From the third floor of the building located in Gangnam-gu Seoul Metropolitan Government F, “G” registered the business in the name of E, and “G”, which did not obtain qualification recognition, and by having six women of the birthland who did not find the business place.

Summary of Evidence

1. Statement by the defendant in court;

1. Partial statement of witness E;

1. A settlement agreement;

1. Previous convictions: As a result of inquiry, an investigation report (the details of the disposition of the following concurrent crimes, and the text of the judgment) shall apply to the statutes;

1. Article 87(1)2, Article 82(3), and Article 33(2)1 of the former Medical Service Act and Article 30 of the Criminal Act (amended by Act No. 13658, Dec. 29, 2015);

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The portion not guilty on the grounds of sentencing under Article 62(1) of the Criminal Act, including the size and business period of the place of massage practice in the instant case, the age, sex conduct, environment, motive, means and consequence of the crime, and all other circumstances, such as the circumstance after the crime

1. The facts charged (the violation of the law by an attorney) and the Defendant and his branch, were registered in the name of E from November 20, 2014, and the joint operation of the massage clinic without recognition of the qualifications of the massage theater was conducted. On December 20, 2014, E was under suspicion of violation of the Medical Service Act by regulating the police around December 20, 2014.

On January 7, 2015, the Defendant, at the law firm office located in Seocho-gu Seoul Metropolitan Government H, knew to E, “I hiding the fact that he is a joint operator of the massage practice office, and return the investments in the place.”