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(영문) 창원지방법원 2017.08.31 2017고정573
의료법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

A massageman shall obtain the recognition of qualification from the Mayor/Do Governor as a person who has completed a curriculum or training course prescribed by the Medical Service Act from among visual persons with disabilities under the Welfare of Persons with Disabilities Act, and shall not establish a massage place or massage place unless he/she is a massage doctor.

Nevertheless, the Defendant did not obtain recognition of the qualification as a massage, from May 10, 2016 to May 26, 2017, and received from 20,000 to 55,00 won per hour per massage business establishment in the name of “D,” from May 10, 2016 to 30, and had E and F, who did not have the qualification as a massage business, perform massage treatment by hand against many unspecified customers who found the said business.

As a result, the Defendant established a massage practice without being entitled to be a massage.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against F or A;

1. A written statement of the G production;

1. Statement of the person (A);

1. Application of credit card slips, field photographs-related Acts and subordinate statutes;

1. Article 87 (1) 2, Article 82 (3), and Article 33 (2) of the Medical Service Act concerning the relevant criminal facts and Articles 87 (1) 2, 82 (3), and 33 (2) 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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order recognizes and reflects the crime of this case, the period during which the defendant operates the massage procedure of this case, and the balance of the general amounts of punishment in the same and similar cases shall be determined as ordered by taking into account.

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