2019 High Court 81 Violation of the Medical Service Act

○○ Kim (65-years, South Korea)

○○ (Public Prosecution) and Ma○○ (Public Trial)

June 13, 2019

Defendant shall be punished by a fine of five million won.

When the defendant fails to pay a fine, the defendant is employed for the period calculated by converting 100,000 won into one day.

shall be held in the chapter.

The provisional payment of the amount equivalent to the fine shall be ordered.

Criminal facts

The defendant is a person who operates a marina business in the name of "OOO" on the third floor of the building in Geumcheon-gu Seoul Metropolitan Government.

No person shall establish a massage place, etc. unless he/she is qualified as a massager by the Mayor/Do Governor.

The Defendant, without being qualified as a massage, was equipped with a massage room from March 2017 to December 2, 2012 at ○○○○○○○○○○○○○○○○○○○○○○○, and opened a massage place in a way of taking the face, blurry, leg, etc. against many unspecified persons, such as customers, ○○○, etc. who found the place, and receiving compensation.

Summary of Evidence

Omission

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 87(1)2, 82(3), and 33(2)1 of the former Medical Service Act (Amended by Act No. 16375, Apr. 23, 2019); selection of fines

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

The reason for sentencing of Article 334(1) of the Criminal Procedure Act has not been shorter than nine months, the person shall be punished by a fine of the same amount as the summary order, taking into account the following factors: equity with the sentencing in the same or similar case; and other various sentencing conditions specified in the record.

Judges Kim Young-young