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(영문) 부산지방법원 2020.04.22 2020고정229

의료법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

Where the defendant does not pay the above fine, one day shall be 10.

Reasons

Punishment of the crime

No person shall establish a massage treatment establishment without qualification as a massager.

Nevertheless, from October 13, 2019 to November 24, 2019, the Defendant, without reporting the establishment of a massage place to the competent authority, opened a massage place by having an employee who is not qualified as a massage club receive KRW 5,000 to 275,00 as the price for massage from customers who find the said place of business without obtaining the recognition of a massage in the “Cma place” located in the Busan Jin-gu B and the fourth floor from around October 13, 2019, and without obtaining the recognition of a massage, from the customers who find the said place of business.

Summary of Evidence

1. Defendant's legal statement;

1. All on-site photographs;

1. Application of Acts and subordinate statutes to the investigation report (the consolidation of cases with persons suspected of being the same;

1. Article 87 (2) 2, Article 82 (3), and Article 33 (2) 1 of the former Medical Service Act (wholly amended by Act No. 16375, Aug. 27, 2019);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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