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(영문) 서울북부지방법원 2020.05.13 2019고단5305

의료법위반

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person who is not qualified as a massager shall establish a massage treatment facility or massage place.

From September 14, 2016 to November 22, 2019, the Defendant, at “C” business located in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, with facilities such as 90.9 square meters in total area, 4 masts, 6 booms, sloping rooms, toilets, toilets, etc., employed Korean nationals and Chinese employees who did not meet the qualification of a massage club, and had them hold massage by means of suppressing, supervising, supervising, and drinking the generation or telegraph of customers who found the said business, and by receiving from customers a consideration of KRW 33,00 or KRW 5,00 won per time from customers.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements and written complaints of D;

1. Application of photographs, business registration certificates, on-site photographs with closure of the Internet homepage;

1. Article 87(2)2, Article 82(3), and Article 33(2) of the former Medical Service Act (Amended by Act No. 1655, Aug. 27, 2019);

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is deemed to have been established and operated by the Defendant, who is not qualified to establish a massage place. The Defendant’s above crime is an act that damages the purpose of legislation of the Medical Service Act to provide persons with visual disabilities with an opportunity to support their livelihood and participate in occupational activities as an exclusive guardian of massage business, and the Defendant has already been sentenced to a fine on June 3, 2016 due to the operation of the massage place, even though the fine was determined on November 18, 2016, and even if the fine was determined on November 18, 2016, the crime and the crime of this case is not good.

However, the defendant is recognized as committing a crime and is against the law, and the place of the massage procedure was closed on May 7, 2020, which was after the prosecution of this case, and there is no record of crime except for punishment once by fine as above.

In addition to these circumstances.