logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2017.01.19 2016고정1998
의료법위반
Text

Defendant

A A shall be punished by a fine of two million won, and Defendant B shall be punished by a fine of four million won.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

B is a business owner who operates marina business in the trade name of Gangdong-gu Seoul Metropolitan Government 2's "D", and the defendant A is an employee of the above business establishment.

1. No person who has completed a massage course among the visual persons with disabilities under the Welfare of Persons with Disabilities Act and is not recognized as qualified by the Mayor/Do Governor shall establish a massage place or massage place;

Nevertheless, on August 28, 2016, the Defendant established and operated a massage place without obtaining the recognition of the qualification of a massage club from the Mayor/Do Governor, by employing female employees, including Defendant A, at around 23:00 on August 28, 2016, and by receiving a fee of KRW 60,000 from each customer E and F, a customer who found his/her place, to whom he/she received a fee of KRW 60,00,000 from customers by taking charge of, taking charge of, or taking part in, his/her legss, etc.

2. No person who is a defendant A shall engage in massage for profit without obtaining recognition of qualifications for massage from the Mayor/Do Governor;

Nevertheless, on August 28, 2016, the Defendant did not obtain the recognition of qualifications for massage companies, and performed an act of massage by taking charge of, or taking charge of, the above F F’s bridge, lag, etc., on condition that the Defendant received KRW 30,00 for each customer from the above B, on condition that he/she received KRW 30,00 for each customer.

Accordingly, the defendant did an act of massage for profit without obtaining recognition of qualifications for massage.

Summary of Evidence

1. Defendants’ legal statement

1. A protocol concerning the examination of suspect of the defendant A;

1. A protocol concerning the examination of the police officer in G;

1. Statement made by the police for E;

1. Application of F’s written Acts and subordinate statutes;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 88 subparag. 3 of the Medical Service Act and Article 82 subparag. 1 (Selection of Penalty) of the same Act;

(b) Defendant B: Article 87(1)2 of the Medical Service Act and Article 82(3) (excluding punishment)

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

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

arrow