beta
(영문) 광주지방법원 순천지원 2018.09.17 2018고정168

의료법위반

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. A massage operator who is not a qualified massage place shall obtain recognition of qualification from the Mayor/Do Governor in accordance with relevant Acts and subordinate statutes among visual persons with disabilities under the Welfare of Persons with Disabilities Act, and shall not establish a massage place or massage place unless he/she performs massage services;

Nevertheless, on September 3, 2017, the Defendant had no qualification as a massage, received a place of massage treatment with the trade name of “C” on the Madyang-si B and 4th floor, and operated a place of massage treatment, such as face and massage, against customers visiting a place of business from around that time to October 26, 2017.

2. A person who is involved in an unreported act shall report to the head of the competent Si/Gun/Gu in order to establish a massage place or a massage place;

Nevertheless, the defendant did not report to the head of the competent Si/Gun/Gu when establishing a massage place as described in the above paragraph (a).

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 87 (1) 2, Article 82 (3), Article 33 (2) 1 (a) of the Medical Service Act (a place where an unqualified person is established) on criminal facts; Articles 90, 82 (3), and 33 (3) of the Medical Service Act (a place where a place of massage treatment is not filed at the time of establishment of a place of massage treatment) on criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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;