A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Punishment of the crime

No person, other than a massage club, shall establish a massage place.

Nevertheless, from around September 1, 2019 to around 24, 2019, the Defendant, without qualification, employed employees who are not qualified as a massage club in the Seo-gu Incheon, Seo-gu, Incheon, and from September 1, 2019, and from September 9 to September 24, 201, established a massage clinic by having the said employees engage in massage for one hour and 50,000 won per 30 minutes against customers.

As a result, the Defendant established a massage place even though he is not a massage.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on site photographs, real estate lease contract;

1. Article 87(2)2, Article 82(3), and Article 33(2) of the former Medical Service Act (Amended by Act No. 16375, Apr. 23, 2019); the choice of imprisonment with labor

1. Article 62 (1) of the Criminal Act;

1. The defendant's previous records of sentencing under Article 62-2 of the Criminal Act are disadvantageous to the defendant.

However, in light of favorable circumstances, such as the Defendant’s age, character and conduct, family relationship, home environment, motive and means of crime, circumstances after committing a crime, etc., the sentencing conditions indicated in the records of this case shall be determined as ordered by taking into account the following factors: (a) the Defendant’s closure of a massage place operated while committing a crime; and (b) the fact that there is no criminal record exceeding the fine.