beta
(영문) 서울중앙지방법원 2013.05.23 2013고정1464

의료법위반

Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 700,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. No person, other than Defendant A Marin may establish a massage practice establishment;

Despite the fact that the Defendant is not a massage, around November 28, 2012, the Defendant opened and operated a massage place from November 16, 2012 to the above temporary date, by installing six rooms, shower facilities, and resting rooms on the 1st underground of Gangnam-gu Seoul Metropolitan Government C, with employment of female employees B, and performing massage procedures for shouldering, etc. against customers.

2. No person shall be allowed to engage in massage for profit without obtaining recognition of qualification as Defendant B Marine;

On November 28, 2012, the Defendant, without obtaining recognition of qualification as a massage club, performed massage for profit by damaging customers and receiving KRW 40,000 from customers at the above place.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police interrogation protocol against the Defendants

1. Defendants and D’s written statements

1. Control note;

1. Business registration certificate (E): Management of visa;

1. Application of Acts and subordinate statutes on the interior photographs of business;

1. Article 87 (1) 2, Article 33 (2), and Article 82 (3) of the Medical Service Act; Defendant A who selects a fine: Articles 88 and 82 (1) of the Medical Service Act; Selection of a fine; Articles 88 and 82 (1) of the same Act;

1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act

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