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(영문) 수원지방법원 성남지원 2019.07.09 2019고정446

의료법위반

Text

Defendant

A A shall be punished by a fine of KRW 1.5 million and by a fine of KRW 500,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. On February 28, 2019, around 01:25, Defendant B agreed to receive approximately KRW 100,000 according to the number of customers from the owner of the business at a marina shop, “D” on the fourth floor of the building C in Seongbuk-si, Seongbuk-si, Sungnam-si, and agreed to receive approximately KRW 100,000 according to the number of customers. Defendant B, without being accredited as a massage, engaged in an act of cutting off the flag on the customer E, etc., shoulder, shoulder, bridge, etc., and using the finger floor and fingers, thereby spreading down the flabing.

2. Defendant A

A. The Defendant did not obtain the recognition of a massage at the time and place mentioned in paragraph 1, and carried out an act of a massage with a view to making profits, such as customers F, a shoulder, etc., and a flashing a flash by using the hand floor and cutting down the flash.

B. The Defendant is the owner of a marina business establishment of the above "D", and at the time and place mentioned in Paragraph 1, B, who is an employee of the Defendant, did not obtain the recognition of a massage for the Defendant's business and carried out massage for profit.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each statement;

1. Report on detection, internal investigation report, investigation report and report on the results of investigation;

1. Business registration certificate and photograph;

1. Application of the statutes governing each certificate of qualification;

1. Article 88 subparagraph 3 of the Medical Service Act and Article 82 (1) of the same Act concerning criminal facts A: The main sentence of Article 91, subparagraph 3 of Article 88, and Article 82 (1) of the Medical Service Act;

1. Selection of each alternative fine for punishment;

1. Defendant A among concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;