보건범죄단속에관한특별조치법위반(부정의료업자)등
A defendant shall be punished by imprisonment for a term of two years and a fine of seven thousand won or more.
When the defendant does not pay the above fine, 100.
Punishment of the crime
No person, other than an oriental medical doctor, shall engage in oriental medical treatment as a business for profit.
On September 7, 2013, the Defendant: (a) scamed from the Defendant’s house located in Nam-gu Busan Metropolitan City F apartment 113 1803 dong 1803; (b) provided several guidelines on the issuance; (c) provided 4,30,000 won in return for the preparation and sale of herb drugs; and (d) provided 13,010,000 won in return for herb medical treatment over 275 times from around that time to March 24, 2015, as indicated in the list of crimes in the separate list of crimes.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement made to H, I, J, K, L, M, and N;
1. A copy of the statement;
1. Investigation report (top telephone conversations for reference witness);
1. Report on internal investigation (verification of CCTV data from the elevator CCTV with 113-dong F apartments);
1. The details of transfer by Internet banking, details of savings deposit transactions, details of transactions by national banks, and certificates of balance;
1. Application of Acts and subordinate statutes on seizure records;
1. Article 5 subparagraph 3 of the Act on Special Measures for the Control of elective Public Health Crimes, Article 27 (1) of the Medical Service Act (generally, choice of limited imprisonment and concurrent imposition of fines);
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. Social service order under Article 62-2 of the Criminal Act;
1. Article 48 (1) 1 (Evidence 1, 3 through 10, 12 and 13) of the Criminal Act, Article 48 (1) 2 (Evidence 14 and 15) of the Criminal Act, Article 48 (1) 3 and 1 (Evidence 16) of the Criminal Act;
1. Taking into account the following circumstances as the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, the Defendant’s age, character and conduct, environment, motive and circumstances leading to the Defendant to commit the instant crime, means and consequence, etc., as well as various sentencing conditions under Article 51 of the Criminal Act, such as the circumstances before and after the instant crime, shall be sentenced to imprisonment.