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(영문) 춘천지방법원 강릉지원 2020.04.02 2019고단1501

의료법위반

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant is a person who operates a place of massage operation with the trade name “C” on the 3th floor of Gangnam-si building B, and D is a person who manages the place of massage operation.

1. No person, other than a massage technician who has obtained certification of his/her qualification to be a disqualified massage practice establishment, shall establish a massage practice establishment;

While the Defendant was not a massage, from October 3, 2018 to June 29, 2019, at the “C” business establishment, the Defendant was equipped with 7 studio, public toilets, shower rooms, etc., and ordered female employees of Thailand to take charge of selling, bridge, shoulder, shoulder, neck, and neck with 80,00 won to customers, and D managed the business establishment, such as cleaning of C business establishment and collecting fees from customers.

Accordingly, the defendant, in collusion with D, established a massage place in collusion with D.

2. No person shall engage in massage for profit without obtaining certification of qualification as a massage operator;

Nevertheless, on June 29, 2019, the Defendant employed the Defendant as an employee by paying KRW 1.5 million per month to Ma of the Thailand’s nationality who is not qualified as a massage club and 10% of the fees received from customers. E, at the “C” business, performed an act of massage with the Defendant’s employees, such as shouldering, leg, timber, and arms, by hand against F, and taking charge of the duties of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. A report on investigation, an on-site photograph;

1. Application of Acts and subordinate statutes to report internal death (not knowing the whereabouts of foreigners);

1. Relevant Article of the Act on Criminal Facts and the former Medical Service Act before amended by Act No. 16555, Aug. 27, 2019

(a) The same shall apply;

(2) Articles 87(2)2, 82(3), and 33(2) of the Criminal Act; Article 30 of the Criminal Act (a point of operation of a disqualified massage place); Articles 91, 88 Subparag. 3, and 82(1) of the former Medical Service Act (a non-qualification).