Defendant shall be punished by imprisonment for a year and six months and by a fine of 3,00,000 won.

The defendant does not pay the above fine.

Punishment of the crime

A person who is not a doctor shall not engage in medical practice as his/her business.

Nevertheless, from around 2013 to December 17, 2014, the Defendant: (a) installed a simple bed and door-credit machine, etc. on the name of “C” on B 1st floor in the Gumisi-si from around 2013 to around 17, 2014; (b) laid down a door-credit bed on the door-based machine, and laid down a door-credit bed on the part of a customer by using the above bed; and (c) put up the body part of D, such as her left shoulder and her chest, which was found to be a customer; and (d) put up 20 passengers into the body and received 850,000 won in cash on one-time basis, and carried out a door-based treatment at a price of KRW 50,000 for 10,000 for each time against the large customers.

Accordingly, the defendant was engaged in medical practice for profit-making purposes.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a report on internal investigation (from 8 to 13 pages of investigation records);

1. Article 5 subparagraph 1 of the Act on Special Measures for the Control of Public Health Crimes (Article 5 of the Act on Special Measures for the Control of Public Health Crimes, including the choice of applicable laws and punishment, and Article 27 of the Medical Service Act;

1. Mitigation of discretionary mitigation under Articles 53, 55(1)3 and 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Application of the sentencing criteria [Scope of Recommendation] The basic area (one year and six months to three years) (no special person) of the two types of illegal medical acts and the basic area (one year and six months to three years) of such acts;

2. On December 24, 2009, the Defendant committed the instant crime even though he had the record of criminal punishment of KRW 2 years of suspended sentence and a fine of KRW 1 million for one year already sentenced to imprisonment with prison labor for the same crime, and also committed the instant crime.