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(영문) 서울중앙지방법원 2013.04.03 2012고정6340
의료법위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 7,000,000, and by a fine of KRW 1,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. No person, other than Defendant A Marin, shall establish a massage practice establishment;

Around June 11, 2011, the Defendant was not a massage, but opened a massage room to provide approximately 160 square meters in the area of the fourth floor of the D Building in Jung-gu Seoul, Jung-gu, Seoul, with four rooms, 14 rooms, and one shower room.

2. He shall not engage in massage for profit without obtaining an accreditation of his qualification as a defendant A or a Marine; and

Nevertheless, at around September 15:10, 2012, the Defendants conspired without being accredited as a massage, and Defendant A instructed Defendant B to receive 20,000 won per hour from customers. Defendant B, according to the instructions, received the above fees from customers, and provided physical treatment for the purpose of profit-making by driving the blood cycle, such as cutting down the body parts of the customers, etc., such as a dynasium, synasium, arms and legs, etc., by using the hand, hand, hand, synasium, synasium, etc., and by driving the dynasium.

Summary of Evidence

1. Defendants’ legal statement

1. A copy of on-site photo;

1. Application of Acts and subordinate statutes attached to copies of website;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Articles 87(1)2, 82(3), and 33(2) of the Medical Service Act; Articles 88 and 82(1) of the Medical Service Act; Article 30 of the Criminal Act; the selection of fines for negligence

B. Defendant B: Articles 88 and 82(1) of the Medical Service Act, Article 30 of the Criminal Act, the selection of fines

1. Defendant A from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendants to be detained in a workhouse: It is so decided as per Disposition on the grounds of Articles 70 and 69(2) of the Criminal Act or more.

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