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(영문) 서울중앙지방법원 2017.03.30 2017고정749

의료법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who operates a marina business in the name of “B”.

No person shall establish a massage practice establishment without obtaining recognition of qualifications for massage practice.

Nevertheless, during the period from August 3, 2016 to October 28, 2016, the Defendant, without obtaining recognition of qualification as a massage, employed the above “B” business establishment located on the first floor of Gwanak-gu in Seoul Special Metropolitan City, with the facilities such as service room 4, shower room, etc., and employed employees D, then receiving KRW 60,00 from many unspecified customers and allowing the said D, etc. to take a look at by taking care of the general hand of the said customers.

As a result, the Defendant established a massage practice without obtaining recognition of qualifications for massage doctors.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Reporting on detection;

1. Application of Acts and subordinate statutes governing enforcement site photographs;

1. Article 87 (1) 2 of the Medical Service Act and Articles 82 (3) and 33 (2) of the same Act concerning facts constituting an offense, and Articles 87 (1) 2, 82 (3), and 33 of the same Act concerning the selection of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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