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(영문) 서울북부지방법원 2020.05.22 2020고단479
의료법위반등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates a marina business in the name of “C” on the second floor of the Seoul Jung-gu Seoul Central Government Building B.

1. A person who violates the Medical Service Act is prohibited from establishing a massage treatment establishment or massage place without obtaining the recognition of his/her qualification as a massage club, but the Defendant indicted the public prosecutor around April 3, 2019 as follows: “The Defendant established a massage treatment establishment without obtaining the recognition of qualification as a massager from April 2019 to August 16, 2019.”

According to the records, on March 18, 2019, the Defendant was issued a summary order of KRW 3 million as a result of a violation of the Medical Service Act by the Seoul Northern District Court on April 2, 2019, and the said summary order became final and conclusive on April 2, 2019. The criminal facts of the said final summary order are the Defendant’s establishment of a massage clinic without qualification as a massage club on December 15, 2018, and the Defendant continued to establish a massage clinic at the same place from December 15, 2018 to August 16, 2019.

Therefore, the facts charged in violation of the above Medical Service Act or the facts charged in this case, which became final and conclusive, are considered to have effect on the above summary order until April 2, 2019, in the relation of a single criminal offense as a single criminal offense. Therefore, the date and time of the crime stated in the judgment, as stated in the judgment, shall be specified as "from April 3, 2019."

From August 16, 2019 to the above marina business establishment, five rooms, one shower facility, etc. employed by female employees, such as D, without qualification as a massage club, and let them take charge of the telegraph of an unspecified number of customers and have them take charge of the telegraph of an unspecified number of customers, etc., and received from customers the price of 30 to 120,000 won.

As a result, the Defendant established a massage treatment facility without obtaining the recognition of the qualification of the massage operator.

2. Any person who violates the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. shall arrange, solicit, induce or induce sexual traffic;

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