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(영문) 서울중앙지방법원 2015.05.12 2015고단223
보건범죄단속에관한특별조치법위반(부정의료업자)방조등
Text

Defendant shall be punished by imprisonment for a year and six months, and a fine of 5,000,000 won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

1. Helping and abetting a person in violation of the Act on Special Measures for the Control of Public Health Crimes;

A. On July 16, 2014, the Defendant: (a) knew that C, who is not a medical personnel, is engaged in sexual intercourse with many unspecified persons for profit-making purposes; (b) had D, who was employed by the Defendant, deliver 10 of the 10th unit as a medical device at C’s house located in the 111-dong Won-si, Nowon-gu, Seoul E Apartment.

C around that time, at the above apartment complex, he/she had purchased the said apartment at the above place, and had many and unspecified persons conduct an injecting procedure, and received money in return, and carried out non-licensed medical practice for profit-making purposes.

As a result, the Defendant aided and abetted C to engage in non-exclusive medical care business for profit-making purposes.

B. Around July 16, 2014, the Defendant: (a) knew that F, who is not a medical personnel, runs the business of selling sex treatment, such as writing to many unspecified persons for profit, the Defendant: (b) had F, who was not a medical personnel, deliver 100 writtens to F, from the house of F in the Y in the Yacheon-si, Seocheon-si, Busan; and (c) had F, who was aware of the fact that F, who was engaged in such business.

F around that time, by using a pen that was delivered by the Defendant at the place of Seoul, etc., the F was engaged in non-licensed medical practice with money in return for doing business to many and unspecified persons.

As a result, the Defendant aided and aided F to engage in the F's profit-making-free medical care business.

2. No person other than a medical person who violates the Medical Service Act shall perform medical practice;

Nevertheless, on August 2014, the Defendant rendered a medical practice using the injection device from “I” operated by the Defendant in Gangnam-gu Seoul, Seoul, using the injection device to injecting Boxa in the face of D and his/her female friendly-gu J.

Accordingly, even if the defendant is not a doctor, he was sexually and medically treated.

3. A pharmacy that is in violation of the Pharmaceutical Affairs Act;

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