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(영문) 대전지방법원서산지원 2020.11.16 2020고정252
의료법위반
Text

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

When the defendant does not pay the above fine, 10,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who operates a massage place under the trade name of "C" (hereinafter referred to as "place of business of the instant marina place") in Chungcheongnam-si, Chungcheongnam-si.

1. No person who has violated the Medical Service Act due to the establishment of a massage place shall open a massage place or massage place without obtaining the recognition of his/her qualification from a government agency;

Nevertheless, on March 31, 2020, from around July 6, 2020 to around 132, the Defendant did not obtain the recognition of a massage, installed 5 marina rooms and shower facilities in a space of about 132 square meters in the instant marina business establishment from around March 31, 2020 to around July 6, 20, and employed female marina branch offices and employees, such as D, after receiving KRW 60,00 or KRW 140,00 from many unspecified customers who found the place, and directed female marina branch offices to a marina room, etc., and had them take the care of a shoulder and others.

As a result, the Defendant established a massage place without obtaining the recognition of a massage operator.

2. D, an employee of the Defendant who violated the Medical Service Act due to his employee’s act of massage for profit, did not obtain the recognition of a massage club, and from the end of May 2020 to the end of July 6, 2020, D, at the instant marina business establishment, took charge of selling and legs, booms, etc. against many unspecified customers as his/her hand or her hand, and received 60,000 won per hour at the place of marina.

As a result, the employee of the defendant was aware of the defendant's work against many unspecified customers for profit.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. On-site photographs;

1. Application of the summary order and Acts and subordinate statutes concerning internal investigation reports (related to business registration certificates);

1. Article 87-2 (2) 2, Article 82 (3), and Article 33 (2) 1 (a) of the Medical Service Act (the establishment of a place of massage practice, the selection of fines), Article 91, Article 88 subparag. 3, and Article 82 of the Medical Service Act concerning criminal facts;

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