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(영문) 서울중앙지방법원 2013.08.22 2011고정7211

의료법위반

Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 700,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. Notwithstanding the fact that Defendant A was not qualified as a Marine and is not a Marine but can not establish a massage place, Defendant A established a massage place from July 2010 to August 26, 201, with approximately 30 square meters inside the inside of approximately 30 square meters from “Emazine” located under the ground of Songpa-gu Seoul Metropolitan Government D, such as six massage rooms, seven bed, one sloping room, and three female employees, including B,F, and G, by employing three female employees, thereby harming massage against customers and raising profits of an average amount of KRW 200,000 per day with the amount of KRW 20,000 per day.

2. From August 24, 201 to August 26, 2011, Defendant B, without obtaining recognition of qualification as a massage club, worked as an employee from the said “Emba” to the said “Emba site,” and, upon receiving a charge of KRW 20,000 to KRW 100,000 per capita, he/she ended with a profit-making purpose by taking charge of or dividing his/her hair, hair, arms, legs, etc. to customers.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of each police interrogation protocol to Defendants, F, and G

1. Article 87 (1) 2, Article 33 (2), and Article 82 (3) of the Medical Service Act; Defendant A who selects a fine: Articles 88 and 82 (1) of the Medical Service Act; Selection of a fine; Articles 88 and 82 (1) of the same Act;

1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act

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