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(영문) 의정부지방법원 2014.07.23 2014고단481

보건범죄단속에관한특별조치법위반(부정의료업자)

Text

A defendant shall be punished by imprisonment with prison labor for a year and a fine of three million won.

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

Reasons

Punishment of the crime

The defendant is a person who operates a Council member without a trade name in Gyeonggi-gu C.

Around August 2013, the Defendant, who is not a herb doctor, was prohibited from engaging in oriental medical treatment as a business. Around August 2013, the Defendant provided the above oriental medical doctor with 5 and 10,000 won for medical use, vertebrate correction, 70,000 won, and 100,000 won for oriental medicine, etc., after setting up and posting the medical expenses, such as “general physical intrusion of KRW 50,00,000,000,000,000,000 won,” and provided 30 only one-time medical treatment at the face and body of the D who found his body using an oriental medical certificate.

In addition, the Defendant, from February 12, 2013 to November 15, 2013, opened only 4 days a week from around February 12, 2013, and obtained a daily average of 5 patients with medical treatment benefits equivalent to KRW 200,000 per day, thereby engaging in oriental medical treatment business by a person, other than an oriental medical doctor, for profit-making purposes.

Summary of Evidence

1. Part of the defendant's legal statement (excluding the part for profit-making purpose);

1. Part of the witness E’s legal statement (excluding the statement that there was no medical expenses from the patients, that there was no meaning in the medical information or medical time notice, etc., including the statement that the witness was paid medical expenses from the patients, that the witness was spent as management expenses, such as electric charges, and that the defendant was also aware that the witness was working as above);

1. Statement by the prosecution against the defendant (including a statement to the effect that the defendant, as the operator of the "F, engaged in oriental medical treatment more than 100 times as the operator of the "F", received the payment for such medical care, patient management, guidance, and receipt of medical expenses, etc., and such payment was used in the management expenses, operating expenses, etc. of the "F")

1. The police statement concerning G;

1. Police seizure records;

1. Each police investigation report;

1. Application of Acts and subordinate statutes to field photographs (including a list of medical treatment information posted with medical treatment expenses, a notice of time for medical treatment, etc.);

1. Article 5 of the Act on Special Measures for the Control of elective Public Health Crimes and Article 5 of the Act on Special Measures for the Control of Crimes;