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(영문) 서울중앙지방법원 2019.07.04 2019고단257
사기등
Text

A person shall be punished by imprisonment with prison labor for not less than six months and by imprisonment for not more than two years for the crimes of Articles 2 and 3 as stated in the judgment of the defendant.

Reasons

Punishment of the crime

On February 16, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on Special Measures for the Control of Public Health Crimes (illegal Medical Business Operators) at the Chuncheon District Court on February 16, 2012, and sentenced to a fine of one year and six months and a fine of three million won in a female prison on January 30, 2013, and the parole period expired on April 17, 2013 while the sentence was executed, and on April 7, 2017, the Defendant was sentenced to one year of imprisonment with prison labor at the Suwon District Court for a violation of the Medical Service Act at the Suwon District Court on April 12, 2017 and completed the execution of the sentence on November 20, 2017.

1. On February 2014, the Defendant made a false statement to the victim of Mapo-gu Seoul building and marina business operated by the victim C in the third floor, stating that “The victim was able to have efficacy for the world’s first time in cancer, urology, and dementia, and Ethz was developed with the disease control powder. It changed KRW 2 million at the injection expense.”

However, the Defendant was not granted permission to manufacture medicines, and the above medicine created by the Defendant was entirely proved efficacy.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 2 million from the victim under the pretext of injection.

2. Any person who intends to engage in the business of manufacturing medicines in violation of the Pharmaceutical Affairs Act shall have necessary facilities in accordance with facility standards prescribed by Presidential Decree and obtain permission from the Minister of Food and Drug Safety.

Nevertheless, from January 2018 to February 2, 2018, the Defendant, at “ Incorporated Association E” operated by the Defendant in Dobong-gu Seoul Metropolitan Government, manufactured a drug called “F” by inserting saccines, saccines, saccines, government grandchildren, bomb trees, ginseng, and wing ginseng, etc. in a sugar season without permission to manufacture medicines, and by using a brupting method at a certain temperature, according to a certain temperature.

3. No person other than a medical person who violates the Medical Service Act shall perform medical practice;

Even if the Defendant is not a medical person, from January 1, 2018 to April 2018, the Defendant’s “E of the Incorporated Association” is the same.

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