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(영문) 수원지방법원 안양지원 2018.03.23 2017고단2070
의료법위반
Text

Defendant

A shall be punished by imprisonment for six months, by a fine of 5,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

No person shall open a massage clinic or massage clinic without being qualified as a massage theater.

Nevertheless, Defendant A, along with Defendant B, was willing to establish a massage place without the qualifications of massage.

1. During the period from January 22, 2013 to September 19, 2017, the Defendants involved in the massage procedures in the building of the Gu E are registered as a business operator with the trade name of “F” in the E-Gu building, 307, 303, and 304, and engage in advertisement and business with the trade name of “G”, “H”, etc., and employ not qualified as a massageman on a daily basis, and let the customers find the place of business receive KRW 4 to 50,00 per customer.

2. During the period of Ansan-si, the Defendants involved in the Go-gu Jama treatment were registered as a business operator with the trade name of “K” from March 2, 2016 to September 16, 2017, and run an advertisement and business in the trade name of “L”, and employed non-qualified I et al. on a daily basis, and employed as a massage operator, and received KRW 4 to 50,00 per customer.

As a result, even if the Defendants did not act in collusion, they established a massage place by employing an unqualified marina.

Summary of Evidence

1. Defendants’ respective legal statements

1. Written statements, N, and I;

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant legal provisions and Defendant A who has the option of a sentence on criminal facts: Articles 87(1)2, 82(3), and 33(2) of the Medical Service Act; Article 30 of the Criminal Act; Article 30 of the Criminal Act; Article 87(1)2, and Articles 82(3) and 33(2) of the Medical Service Act; Article 30 of the Criminal Act; Article 87(1)2, and Article 82(3) and 33(2) of the same Act; Article 30 of the Criminal Act; Article 30 of the same Act;

1. Defendants who are subject to aggravated concurrent crimes: the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act;

1. Defendant B who is detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendant A: Article 62(1) of the Criminal Act (Confessions and reflects);

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