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(영문) 수원지방법원 안양지원 2019.09.05 2018고단1483

보건범죄단속에관한특별조치법위반(부정의료업자)등

Text

Defendant shall be punished by imprisonment for a year and six months and by a fine of 2,00,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

"2018 Highest 1483"

1. No person, other than an oriental medical doctor, shall engage in oriental medical practice as his/her business for the purpose of profit-making in violation of the Act on Special Measures for the Control of Public Health Crimes;

Nevertheless, from March 31, 200 to September 8, 2015, the Defendant operated a massage place with the trade name “G” written in the D indictment in Ansan-si, from September 9, 2015 to May 24, 2018, as it appears in writing (see, e.g., Investigation Records 31 pages). Around April 5, 2018, the Defendant operated a massage place with the trade name “G” in Ansan-si, as it appears in writing to be corrected (see, e.g., Investigation Records 31 pages). Around April 5, 2018, the Defendant, without a license of an oriental medical doctor, conducted pressure, such as the competent department of the relevant part, etc., for treatment of blick and 20,000 won, and received 20,000 won as a consideration, and carried out a business of receiving 20,000 won to many and unspecified persons in return for drinking once.

2. No person other than a pharmacy founder who violates the Pharmaceutical Affairs Act shall sell or acquire medicines for the purpose of sale;

Around April 5, 2018, the Defendant: (a) received KRW 280,00 from E who visited the said place in the above D as the price for oriental medicine for the treatment of Huuri and shoulder pain; (b) received KRW 7,50,000 as the price for oriental medicine for the treatment of Huuri pain, etc. from F who visited the said place on or around the 20th day of the same month; and (c) sold at D, around the 25th day of the same month, 60 square meters of oriental medicine for the above treatment; and (d) sold, respectively, oriental medicine for the above treatment to F.

Accordingly, the Defendant sold medicines even though he is not a pharmacy founder.

No social service provider of "2018 Highest 1696" shall commit any act of claiming expenses incurred in providing social services without providing social services.

Nevertheless, on May 11, 2018, the Defendant provided massage services to E from the “D” located in the Gu C and the second floor of Ansan-si around 17:09.