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

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

Punishment of the crime

The defendant is a pastor that operates D church located in Ulsan-gu C.

Where persons other than the State or local governments intend to operate medical welfare facilities for the aged, they shall report to the head of a Si/Gun/Gu.

Nevertheless, the Defendant operated the aforementioned D church from January 2, 2007 to June 3, 201, and operated a medical care and communal living home for the aged, which corresponds to the medical welfare facilities for the aged, such as receiving the money from the family members of the above elderly, every month for the elderly with dementia, including dementia E (n, 89 years old) from the second floor, and providing them with the family-like residential conditions, meals, medical care, and other convenience necessary for daily life.

Summary of Evidence

1. Court statement of the defendant (the second court date);

1. Protocol concerning the examination of suspect concerning F by the prosecution;

1. Statement of each police statement to G, H, I, and J;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Article 57 subparagraph 1 of the Welfare of Older Persons Act and Article 35 (2) of the same Act concerning criminal facts and Articles 57 and 35 (2) of the same Act concerning the selection of penalties;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. The prosecutor's summary of the assertion is that Article 56 (2) of the Welfare of Older Persons Act was prosecuted for the facts charged in the instant case, but Article 57 (1) of the same Act provides more severe punishment provisions for the same elements of a crime. Thus, Article 57 (1) of the same Act that is more favorable to the defendant should be applied.

2. The details of the relevant Acts and subordinate statutes are as shown in attached statutes;

3. Determination

A. Articles 33(2) and 35(2) of the current Welfare of Older Persons Act (hereinafter “Act”) intend to establish residential welfare facilities and medical welfare facilities for older persons other than the State or local governments.