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(영문) 서울중앙지방법원 2014.01.07 2013고단6775
의료법위반
Text

Defendant

A shall be punished by imprisonment for six months, by a fine of 1,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. From among the visually impaired persons under the Act on Welfare of Persons with Disabilities, Defendant A who has completed an educational course or training course under the Medical Service Act, and is not qualified to obtain recognition from the Mayor/Do Governor, and may not establish a massage place or massage place;

From August 1, 2013 to August 2, 2013, the Defendant, without obtaining the recognition of a massage club, operated a massage hall of approximately 30 square meters with the trade name of “Emast area” from D2 in Jung-gu Seoul Metropolitan Government, and equipped with shower rooms, etc., Defendant B, etc. employed Defendant B, etc. who is not qualified as an employee, etc. as an employee, and filled out a soup to an unspecified male who found the said place on the telegraph, such as a shoulder and tree, and cut it up with hot water by hand, and let it conduct a massage surgery by cutting the 60,000 won of the massage charge, which was laid down by hand, and then let a massage operator not to be a massage.

2. Defendant B, among the visually disabled persons under the Act on Welfare of Persons with Disabilities, who has completed an educational course or training division under the Medical Service Act, shall obtain an accreditation from the Mayor/Do Governor, and shall not be allowed to massage for profit without obtaining an accreditation from the Mayor/Do Governor;

The Defendant, without obtaining his qualification as a massage, performed a massage surgery in a way that he gets 1 million won per month from Defendant A, the owner of the business at the above date, time, and place, and gets employed as an employee and found it out, by cutting a math to the telegraph, such as a math, cut a math, cut a math, and cut it into a fry, and then cut a math to the fry with a hand.

Summary of Evidence

1. Defendants’ respective legal statements

1. Control note;

1. Application of statutes on site photographs;

1. Relevant legal provisions and the choice of punishment for facts constituting a crime - Defendant A: Articles 87 (1) 2, 82 (3), and 33 (2) of the Medical Service Act; and

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