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(영문) 수원지방법원 안산지원 2020.04.23 2019고단4501

의료법위반

Text

Defendants shall be punished by a fine of two million won.

In the event that the Defendants did not pay the above fine, only 100,000 won.

Reasons

Punishment of the crime

1. Defendant A is a person who operates a marina business with the trade name of “D” from the second floor of the building located in B in the light life city.

No person, other than a massage technician accredited, shall establish a massage treatment facility or massage facility.

Nevertheless, from September 23, 2019 to September 28, 2019, the Defendant installed a massage room and shower room at the above business establishment on October 25, 2019 and around October 20:30, and had B, an employee who is not qualified as a massage club, take the body of a large number of unspecified customers, take the body of a large number of customers, or take the body of a large number of customers, etc., and operated a massage place by taking 50,000 won per hour from customers under the pretext of massage.

2. No person who Defendant B shall be allowed to engage in massage for profit without obtaining a qualification as a massage supervisor from the competent authority;

Nevertheless, from September 23, 2019 to September 28, 2019, the Defendant: (a) received KRW 50,000 per hour at a marina business place operated by A from September 23, 2019, and takes care of the body of customers by taking care of, taking care of, or taking care of, the body of customers; (b) around October 25, 2019, at the same place, 100,000 won was 10,000 won and 100,000 won was found at the same place; and (c) took care of, or taking care of, the body of unspecified customers.

Accordingly, the defendant did not obtain the recognition of qualification, but got a massage for profit.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes to voluntary reports on movement, commercial lease contract, business registration certificate, report on occurrence (violation of the Medical Service Act), and report on internal investigation;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Articles 87(2)2, 33(2), and 82(3) of the former Medical Service Act (Amended by Act No. 16555, Aug. 27, 2019; Act No. 1655, Feb. 28, 2020); the choice of fines; and the choice of fines

B. Defendant B: Article 88 subparag. 3 and Article 82(1) (general) of the Medical Service Act and fine.