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(영문) 울산지방법원 2016.10.18 2016고단2530

보건범죄단속에관한특별조치법위반(부정의료업자)등

Text

Defendant shall be punished by imprisonment with prison labor of one year and six months and by a fine of three million won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant is a person who, from January 2014, operates the “FF Training Center” in Ulsan-gun E.

1. No person, other than a medical person, who violates the Act on Special Measures for the Control of Public Health Crimes, shall perform medical practice;

Around August 26, 2015, the Defendant received 1.4 million won in return for committing oriental medical treatment for two months, such as pressure or setting a blood ties, etc., from G to G with a consultation with regard to the relevant place at the FF Training Center, and provided oriental medical treatment services, such as pressure or setting a blood ties, etc. around that time, from around October 2015 to around October 2, 2015.

In addition, from October 16, 2014 to November 23, 2015, the Defendant engaged in medical practice for profit-making purposes by committing one-way medical practice, such as pressure to eight customers, or setting a blood transfusion, as shown in the attached crime sight table (1).

2. No pharmacist who violates the Pharmaceutical Affairs Act, but has not opened a pharmacy, may sell or acquire medicines for the purpose of sale;

On September 21, 2015, the Defendant sold 50,000 won of “ Black”, which is a medicine, to G, at the FF Training Center, and sold five-time 5 illness as indicated in the attached Table of Crimes (2) from January 13, 2015 to October 24, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Each police protocol on G, H, I, J, K, L, M, and N;

1. A complaint;

1. Records of seizure and the list of seizure;

1. Details of credit card transactions, replies following business cooperation, detailed statements of sales by members, promotional materials, cards sales slips, certificates of medical treatment, medical certificates, calendars, and field map;

1. Application of each statute on photographs;

1. Article 5 subparag. 3 of the Act on Special Measures for the Control of Public Health Crimes, Article 27(1) of the Medical Service Act (the occupation of limited-term medical practice and the choice of limited-term imprisonment), Article 93(1)7 and Article 44 of the former Pharmaceutical Affairs Act (Amended by Act No. 13114, Jan. 28, 2015).