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(영문) 대전지방법원 천안지원 2017.04.13 2016고단2714
보건범죄단속에관한특별조치법위반(부정의료업자)
Text

Defendant

A shall be punished by imprisonment with prison labor of one year and six months and by a fine of five million won, and by imprisonment with labor of eight months and a fine of one million won, respectively.

Reasons

Punishment of the crime

1. No person who is not a doctor shall engage in medical practice as a business for profit;

Nevertheless, the Defendant, at around October 2014, performed medical practice in the management room of the “E” located in Asan-si, Asan-si, by using an increased number of injections for the removal, etc. of e-mail, and received KRW 1.5 million in return for the medical practice using e-mail in the part of e-mail, such as e-mail, co, and see, and received KRW 1.5 million in return. From October 2014 to April 2016, the Defendant received KRW 21,650,000 in total as above, and received KRW 2,650,000 in return for the medical practice from around 21 to April 2016.

2. Defendant B is a person who operated the management office of “E” in Asan City D from around 2007.

From October 2014 to April 2016, the Defendant: (a) received rent of KRW 300,000 per month from the management office of the above E department to assist the Defendant in performing non-licensed medical practice, as described in the foregoing paragraph (1); (b) provided a place to conduct call halog surgery, etc. on the face, etc. using an injection increase in the above management office; and (c) provided five customers, including F, including F, with an introduction fee of KRW 50,00 per person, and aided and abetted the Defendant’s non-licensed medical practice.

Summary of Evidence

1. Defendants’ legal statement

1. The protocol concerning the interrogation of the Defendants to the prosecution

1. Each police statement made to G, H, I, and J;

1. Investigation report (to attach data on sending e-mail of K transaction) and the details of account transactions attached thereto;

1. Investigation report (Attachment to the ledger for management of E Reports) and the ledger for management of accompanying reports;

1. Investigation report (verification of details of deposit of expenses for unauthorized treatment);

1. Each investigation report (referring to reference L, M, N,O, P, Q, R, S, T, U,V, W, X, Y, Z telephone communications);

1. Application of Acts and subordinate statutes to report on investigation (the confirmation of additional victims);

1. Article 5 subparagraph 1 of the Act on Special Measures for the Control of Public Health Crimes and Article 27 of the Medical Service Act.

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