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(영문) 울산지방법원 2013.04.04 2012고단3868

보건범죄단속에관한특별조치법위반(부정의료업자)등

Text

Defendant

A shall be punished by imprisonment of one year and a fine of two million won, by imprisonment of eight months, and by a fine of one million won.

Reasons

Punishment of the crime

Defendant

A is a person who is equipped with facilities, such as at least 3 square meters, such as at least 1 satis, and shock satis, within the professional store of head 1 in Ulsan-gu H 2, Ulsan-gu, and is equipped with a satis, and Defendant B leases the above satis to the above Defendant A.

1. No person who is not a doctor for making a profit shall engage in medical practice as his/her business;

Nevertheless, at around 14:00 on May 20, 2012, the Defendant carried out medical practice for profit-making purposes by 53 persons on 62 occasions from November 20, 201 to September 3, 2012, including: (a) giving Written injection to both J’s face from the 2nd H in Ulsan-gu H 2nd H; and (b) receiving Written payment of KRW 200,000,000 from the 2nd H to the 3nd H; and (c) obtained unjust enrichment of KRW 17,30,000 as indicated in the attached list of crimes.

2. No person, other than a doctor, shall engage in medical practice as his/her business for profit;

The defendant knew that he was not a doctor of the above A, one of the preceding ones.

At the same time, the above A provided a place to assist in engaging in medical practice for profit-making purposes as above, and provided a drug to be injected at the request of A two times around November 201 and around February 2012, upon receipt of a request from A, and delivered it to A by seeking from an influent business operator.

Accordingly, the defendant knew that he was not a doctor A, thereby aiding and abetting A to perform medical practice for profit-making purposes.

Summary of Evidence

1. Defendant A and B’s legal statement

1. Protocol concerning the suspect examination of the defendant A by the prosecution;

1. Protocol concerning the examination of suspect B;

1. Statement of the prosecution concerning K;

1. Statement of the police statement of L/M;

1. Application of Acts and subordinate statutes on police seizure records;

1. Article 5 subparagraph 1 of the Act on Special Measures for the Control of Public Health Crimes (Defendant A, B) and the Medical Service Act.