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

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

Punishment of the crime

The Defendant is a person engaged in beauty and beauty business in the name of Daejeon Pungsung-gu C, 401 to 404.

Marine shall be recognized as qualified in accordance with the Medical Service Act, and shall not be massage for profit without obtaining recognition of qualifications as a massageman.

At around 13:00 on July 2, 2016, the Defendant employed a name-free employee who did not obtain recognition of qualifications for a massageman in D’s operation, and was engaged in massage practice by receiving a charge of KRW 70,00 from each of the customers E ( South, 42 years of age) and one other, and receiving a charge of KRW 70,00,000 from each of the above businesses.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the respective legal statements of witness E and F to the Acts and subordinate statutes;

1. Relevant Articles 88 and 82 (1) of the Medical Service Act concerning facts constituting a crime and Articles 88 and 82 (1) of the same Act concerning the selection of punishment;

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

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The alleged business of the defendant is merely an cosmeticing act to promote the absorption of cosmetics (the act of spreading cosmetics on the customer's face, clothes, and the body part and rhythm) and does not constitute an act of massage.

2. Determination

A. Article 82(1) of the Medical Service Act provides, among persons with visual disabilities under the Welfare of Persons with Disabilities Act, that a massage club shall obtain recognition of qualification from the Mayor/Do governor. Article 82(4) of the same Act provides that matters concerning the limit of duties of massage doctors, standards for facilities of massage parlors and massage clinics shall be prescribed by Ordinance of the Ministry of Health and Welfare. Article 88 of the Medical Service Act provides that a person who performs massage for profit without obtaining the recognition of qualification as a massage under Article 82(1) of the Medical Service Act shall be punished by imprisonment with prison labor for not more than three years or by a fine not exceeding 10 million won.

Article 82 (4) of the Medical Service Act was enacted upon delegation.