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(영문) 서울중앙지방법원 2017.06.20 2017고정944

의료법위반

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who is in preparation for the opening of a business partnership in Seoul Special Metropolitan City-gu B building 210, and C and D are a foreigner of Thailand nationality.

No person, other than a medical person, shall conduct medical practice, in collusion with C or D, by the defendant.

1. On July 5, 2016, D around July 5, 2016: (a) had D perform a gate by means of inserting the bottom of string straw on the part of the body, such as the name or influore box; (b) affixing an excessive string on the part of the body, such as the name or influore box; and (c) receive the consideration therefor;

2. At around 11:30 on July 7, 2016, at the above location, D received KRW 300,000 from E in return for the procedure, and D had D perform the procedure in the above manner on the bottom of both arms and chests of E.

Accordingly, even if the defendant is not a medical person, he was in collusion with C and D.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of each police in relation to C or D;

1. E statements;

1. Application of statutes on site photographs;

1. Relevant legal provisions and Articles 87(1)2 and 27(1) of the former Medical Service Act (amended by Act No. 14438, Dec. 20, 2016; hereinafter “former Medical Service Act”) concerning criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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