beta
(영문) 전주지방법원 정읍지원 2018.01.25 2017고단246

보건범죄단속에관한특별조치법위반(부정의료업자)

Text

Defendant shall be punished by imprisonment for one year and a fine of 2,00,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

No person, other than a medical person, shall provide medical services, and no person, other than a oriental medical doctor, shall provide oriental medical services as a business for profit.

Nevertheless, the Defendant: (a) operated a Korean pharmacy in Dongwon located in Jung-gu, Jung-si; (b) conducted a 453-year-long prescription on December 19, 2016; and (c) conducted a diagnosis on the physical condition and condition of the F, and conducted a diagnosis on the connection; (d) prescribed and received 1.50,000 won in return for the prescription of the book-keeping’s book held by the Defendant; and (e) received 453 patients, as indicated in the attached crime list from July 30, 201 to March 12, 2017, as indicated in the attached crime list, from around 453 times to 453 patients, as the price for the prescription and prescription of herb drugs, and received KRW 2,079,000 in total.

Accordingly, even if the Defendant is not a licensed herb doctor, the Defendant was engaged in oriental medicine for profit.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to G, F, and H;

1. A copy of the medical examination and prescription;

1. A written inquiry about details of financial transactions and a statement of transactions by account;

1. Application of Acts and subordinate statutes to reply as to whether a license for oriental medicine or oriental medicine business is obtained;

1. Relevant Article 5 subparagraph 3 of the Act on Special Measures for the Control of elective Public Health Crimes, Article 27 of the Medical Service Act (a comprehensive imprisonment with labor, choice of organic imprisonment and the concurrent punishment of fines under the proviso of the aforesaid Article);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 334(1) of the Criminal Procedure Act guilty of the Defendant, and the reason for sentencing, of the crime of provisional payment order, are as follows: (a) on August 15, 2015, the Defendant leased an oriental medicine private person I with the trade name of “E” while performing the herb treatment; and (b) on August 15, 2015, the Defendant transferred his medical knowledge to I and prepared a prescription to I, and directly engage in the medical treatment.