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(영문) 서울동부지방법원 2019.05.28 2019고정352
의료법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who operates a marina business in Songpa-gu Seoul Metropolitan Government (C).

As a visually disabled person under the Act on Welfare of Persons with Disabilities, his/her massage shall be accredited to the Mayor/Do Governor pursuant to the relevant Acts, and shall not be inside his/her massage for profit without obtaining his/her qualification.

Nevertheless, at around 00:40 on December 12, 2018, the Defendant: (a) received 65,000 won under the pretext of massage fee from female customers E; and (b) took part in the business of the Defendant by the method of writing the work with a good hand and with a good hand, and became an employee, thereby committing such an offense as to the Defendant’s business.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Application of the Act and subordinate statutes to investigation reports (suspect's work records, etc. in D'C)

1. Article 91, subparagraph 3 of Article 88, and Article 82 (1) of the Medical Service Act concerning facts constituting a crime; the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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