The defendant's appeal is dismissed.

1. In light of the gist of the grounds for appeal (unfair sentencing) and the fact that the Defendant’s economic situation is not good, the sentence of a fine of KRW 3 million imposed by the lower court against the Defendant is too unreasonable.

2. The instant case is the case where the Defendant opened and operated a massage practice without being entitled to a massage club.

The fact that the defendant confessions and reflects the crime, and that there is no special criminal history is a favorable condition for the defendant.

However, in light of the legislative intent of the Medical Service Act, which permits the Defendant to open a massage place only to a person who is recognized as a certain qualification, the Defendant’s crime liability for the Defendant who operates the massage place without being qualified as a massage theater is somewhat weak.

In full view of the circumstances that are disadvantageous to the defendant, such as the impossibility of doing so, and all other circumstances that are conditions for sentencing as shown in the records and arguments of this case, the sentence imposed by the court below against the defendant is too unreasonable.

Therefore, the defendant's argument of sentencing is without merit.

3. In conclusion, the Defendant’s appeal is without merit, and it is dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition (Article 87(1)2, Article 33(2), and Article 81(2) of the Medical Service Act in the application of the law of the lower judgment is deemed to be a clerical error under Article 87(1)2, Article 82(3), and Article 33(2) of the former Medical Service Act (amended by Act No. 1420, May 29, 2016). Thus, it is deemed that the ex officio correction is made pursuant to Article 25(1) of the Rules on Criminal Procedure.