The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (unfair sentencing) that the court below rendered on the defendant is too unreasonable as the sentence (2 million won penalty) imposed on the defendant is too unreasonable.

2. The summary of the facts charged of the instant case’s ex officio determination is that “the Defendant established a massage place without reporting it to the competent authority from July 2016 to September 4, 2016, and established a massage place even if he/she is not a massage place” under Article 40 of the Criminal Act. The summary of the facts charged of the instant case’s judgment is that one act constitutes several crimes and constitutes a commercial competition relationship under Article 40 of the Criminal Act.

It is reasonable to view it.

Nevertheless, the court below held that each of the crimes of this case is concurrent crimes under the former part of Article 37 of the Criminal Act.

Therefore, the court below erred by misapprehending the legal principles on the number of crimes, which affected the conclusion of the judgment, and in this respect, the judgment below cannot be maintained any more.

3. In conclusion, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and it is again decided as follows.

【Inasmuch as the facts constituting an offense and the summary of evidence recognized by the court are identical to the facts constituting an offense and the summary of evidence, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 90, 82(3), and 33(3) (a) of the former Medical Service Act (amended by Act No. 14438, Dec. 20, 2016; hereinafter the same shall apply) concerning criminal facts; Articles 87(1)2, 82(3), and 33(2) (a) of the former Medical Service Act concerning the establishment of a place of massage practice for criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act are recognized and reflected, and the first offender is the first offender.