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(영문) 울산지방법원 2013.09.05 2013고단2602

보건범죄단속에관한특별조치법위반(부정의료업자)등

Text

A defendant shall be punished by imprisonment with prison labor for a year and a fine of two million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a person who operates D in the 5th floor of Ulsan-gu C building in Ulsan-gu.

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

The Defendant, even from February 2012 to April 10, 2013, issued a diagnosis that he was not an oriental medical doctor, and received treatment costs of KRW 15,000 to KRW 50,00,00,00 each time in return for the diagnosis, such as “liver, ledger is not good,” and “one-way medical treatment act, which is one of the oriental medical treatment act, is performed by the patient complaining of an unspecified number of pains over 700 times, including E, F, G, H, I, and I.”

Accordingly, the defendant was engaged in oriental medicine for profit-making purposes.

2. A person who intends to sell functional health foods in violation of the Functional Health Foods Act shall report to the head of a local government having jurisdiction over the location of the place of business by place of business;

Nevertheless, from February 2, 2012 to April 10, 2013, the Defendant sold functional health foods, such as quidcoconium Potassium flusium flusium, etc. in the above D, without reporting to the head of Ulsan Metropolitan City, the competent authority, the Defendant engaged in the sale of functional health foods without reporting to the head of Ulsan Metropolitan City, the competent authority.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement made to F, E, G, H, and I;

1. Seizure records;

1. Application of Acts and subordinate statutes to investigative reports (report on confirmation of whether functional health foods are registered);

1. Article 5 subparagraph 1 of the Act on Special Measures for the Control of Relevant Crimes and Public Health Crimes; Article 27 (1) of the Medical Service Act; Article 44 subparagraph 1 of the Health Functional Foods Act; Article 6 (2) of the Act on Special Measures for the Control of Crimes and Public Health Crimes;

1. Article 53, Article 55 (1) 3, and 6 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;