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(영문) 부산지방법원 동부지원 2016.09.26 2016고단1243
보건범죄단속에관한특별조치법위반(부정의료업자)등
Text

A defendant shall be punished by imprisonment for a term of two years and a fine of two million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. No person, other than one who has violated the Act on Special Measures for the Control of Public Health Crimes, shall engage in the business of oriental medical treatment for profit;

Nevertheless, the defendant 2015

7. From around 15, around 15, at the Defendant’s residence located in Busan Nam-gu, the Plaintiff received 350,000 won under the name of medical treatment and drug value, after treating and treating both descendants against C, who are patients suffering from such place, and subdividing functional health foods, such as seeers, small fences, etc., into C, and taking them into use as medicine, and taking them into consideration.

In addition, the Defendant, from that time until February 24, 2016, performed an oriental medical act against the patients who had been located in the same way 46 times in total, as shown in the list of crimes in the attached Table, and received a total of 14,870,000 won under the pretext of medical expenses and summary values.

As above, Defendant was not an oriental medical doctor and engaged in oriental medicine for profit-making purposes.

2. Any person who intends to subdivide food in violation of the Food Sanitation Act shall report it to the competent authorities, as prescribed by Presidential Decree;

Nevertheless, from July 15, 2015 to February 24, 2016, the Defendant, without reporting to the competent authority in the same manner as in the preceding paragraph at the same place as in the preceding paragraph, operated food subdivision business, such as selling functional health foods to people and receiving a total of KRW 14,870,00,00, by subdividing it into packaging materials, such as source, see source, etc. purchased from D Busan branch office.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each investigation report (including photographs attached thereto);

1. Application of seizure records and statutes concerning the list of seizure;

1. Article 5 subparag. 3 of the Act on Special Measures Concerning the Control of Optional Health Crimes, Article 27 subparag. 1 of the Medical Service Act (in the case of oriental medical acts for non-licenseed profit-making purposes, including, but not limited to, imprisonment with prison labor and fines), and food sanitation law.

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