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(영문) 서울동부지방법원 2012.11.08 2012고정2162
의료법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

The defendant is a business owner who runs a massage business in Gwangjin-gu Seoul Special Metropolitan City.

competent Mayor/Do Governor may not establish a massage place unless he/she is recognized as qualified by the Do Governor, and shall not engage in massage for profit without being recognized as qualified by the Marine.

Nevertheless, on June 29, 2012, the Defendant did not obtain recognition of the qualification of Marine, and at around 21:40 on June 29, 2012, established a shower room and waiting room in “B,” and employed female employees C, and established a massage room to prevent customers from having a general massage. At the same time and place, in collusion with C, which did not obtain recognition of the qualification of Marine, the Defendant carried out a massage on the telegraph, such as hand, shot, arms, and legs, against customers D, and received KRW 40,000 in return, and the Defendant performed a massage for profit-making purpose, such as having 20,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Voluntary report;

1. Application of statutes on business registration certificates;

1. Articles 87 (1) 2, 82 (3), 33 (2) 1 (a) and 88, and 82 (1) of the Medical Service Act related to criminal facts, the selection of a fine, Article 30 of the Criminal Act, the selection of a fine;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 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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