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(영문) 의정부지방법원 2017.11.22 2017고단3940

보건범죄단속에관한특별조치법위반(부정의료업자)

Text

Defendant shall be punished by imprisonment for one year and by a fine of 3,00,000 won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

[Criminal Records] On January 23, 2017, the Defendant was sentenced to imprisonment for 8 months and 2 years of suspended execution for a violation of the Narcotics Control Act at the Seoul Central District Court on January 23, 2017, and the said judgment became final and conclusive on July 15, 2017.

[Criminal facts] No person, other than medical personnel, shall engage in medical practice as a business.

Nevertheless, even though the defendant and his name deceased person are not medical personnel such as doctors, the defendant conspiredd to publicize the door practice through the Internet page, etc., and to introduce those who reported it to the non-personal persons and to introduce them to the non-personal persons.

In accordance with the above public offering, the person under whose name is not the deceased shall conduct a door-to-door (20cm wide, 10cm long) in the right arms using other speculative instruments and receive KRW 90,00 in compensation therefor from May 9, 2016 to September 8, 2016, eight persons from around 17:00, as shown in the list of crimes, from around 17:0 to around 8, 2016 in the same manner, and received KRW 3,175,000 in total in return.

Accordingly, the defendant was engaged in medical practice in collusion with a name-free person who is not a doctor for profit.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and F (including D)

1. Each investigation report (D-Gu telephone conversations, confirmation of the account received for text messages, second execution replys with a financial account warrant, and nominal currency);

1. A report on internal investigation (the head of other business place);

1. Non-fluoric fluoric photo, fluoric fluoric fluorial photo, fluoric fluoric fluorial photo;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, report on the result of confirmation of the previous convictions in disposition, and application of the text of judgment;

1. Article 5 Subparag. 3 of the pertinent Act and Article 5 of the Act on Special Measures for the Control of Preliminary Health Crimes, Article 27 Subparag. 1 of the Medical Service Act, Article 30 of the Criminal Act (a inclusive, choice of imprisonment with labor for a limited term).