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(영문) 서울서부지방법원 2017.10.27 2017고정904

의료법위반

Text

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

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

Reasons

Punishment of the crime

A massageman shall obtain the recognition of qualification from the Mayor/Do Governor as a person who has completed a certain course 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 is a massage doctor.

The Defendant did not obtain recognition of qualification as a massage, from February 23, 2016 to September 22, 2016, at “C” located in Mapo-gu Seoul, Mapo-gu, Seoul, and the third floor, installed six rooms at that location, employed four foreign women, including D, E, F, and G, who did not hold qualification as a massage, as an employee, and established a massage place even if the Defendant was not a massage place by having a large number of unspecified customers, who discovered their places of business using elbows, knee, etc., booms and knee, fele, etc., let them enjoy the telegraph of customers, and perform massage treatment by facilitating the blood cycle and frighting their meat.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police officer in relation to D, E, F, and G;

1. A protocol concerning the examination of suspect of H with respect to the police;

1. Application of statutes on site photographs and copies of daily sales account books;

1. Article 87(1)2, Article 82(3), and Article 33(2) of the former Medical Service Act (Amended by Act No. 14438, Dec. 20, 2016); the selection of fines for criminal facts;

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;