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(영문) 서울남부지방법원 2016.04.28 2015고단5444

보건범죄단속에관한특별조치법위반(부정의료업자)등

Text

Defendant shall be punished by imprisonment for one year and by a fine of 1,00,000 won.

The defendant does not pay the above fine.

Reasons

Criminal facts

1. A person, other than a medical person, is prohibited from providing medical services. Notwithstanding that the Defendant is not a medical doctor or herb doctor, the Defendant, operating a trade name office "E" under Article 618 of the Yangcheon-gu Seoul Metropolitan Government D Building D No. 618 on April 24, 2015, received explanations about the symptoms of his/her disease from F (66 years of age) who visited for the symptoms of disease, such as curology and surbrhe/she prescribed the "P (P) Empt" and received KRW 100,000 in the form of medical treatment, and received KRW 10,000 in the form of a certain period of time after attaching the F's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's disease, and received KRW 151,500 won in total.

Accordingly, the defendant was not a medical person, but a medical practice for profit.

2. Violation of the Medical Devices Act;

A. Although no one is allowed to sell a medical device that did not obtain permission or certification, or file a report, the Defendant sold tin sets to another person from May 2013 to August 2015, which is a medical device that did not obtain permission or certification, without filing a report.

B. Although no one shall place an advertisement on the name, manufacturing method, performance, efficacy, and effect of a medical device that has not been permitted or certified, the Defendant, from May 2013 to August 2015, posted the content, such as “G” online carpet, “the method of treating dementia, heavy salt, etc.,” “the method of treating scalkye, etc.,” and “the method of treating scalkye, etc., may cure and prevent diseases within a short period of time using scalkye solely without using drugs,” and the photograph, price, deposit account number, etc. of scalkye.

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