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(영문) 서울남부지방법원 2019.06.13 2018고단6668
의료기사등에관한법률위반등
Text

Defendant

A shall be punished by imprisonment of one year and six months, by a fine of three million won, by imprisonment of one year and a fine of three million won, respectively.

Reasons

Punishment of the crime

Defendants are operators of the Dental Laboratory in Gangseo-gu Seoul Metropolitan Government.

1. Defendant A

A. A. Violation of the Act on Special Measures for the Control of Public Health Crimes (Unlawful Medical Service Providers) committed a business of providing dental services for profit-making purposes, in collusion with Defendant 2 and B, as indicated in the list of crimes in the attached Table between August 17, 2018 and the end of November 2018, the Defendant, who violated the Act on Special Measures for the Control of Public Health Crimes (illegal Medical Service Providers) around September 2018, committed a business of manufacturing spawn, which is a dental assistant, by manufacturing spawn, which is a dental assistant, at the above dental laboratory, and receiving 20,000 won, from around August 17, 2018 to around November 2018.

B. The Defendant in violation of the Medical Technicians Act established dental laboratories, without registering with the competent authorities, and established dental laboratories, and performed duties of dental technicians even if they are not dental technicians, by manufacturing dental appliances, etc. at the time and place indicated in paragraph (1) of Article 1.

2. Defendant B, using the same method as described in paragraph (a) of Article 1, was engaged in dental practice for profit-making purposes, even though he/she is not a dentist, in collusion with A, in collusion with 16 patients, as indicated in the attached Table Nos. 3 through 18, from Oct. 1, 2018 to Nov. 1, 2018, by manufacturing dental appliances with a total of 16 patients, and acquiring a total of 3.2 million won in return.

Summary of Evidence

1. Defendants’ respective legal statements

1. Prosecutorial suspect interrogation protocol against the Defendants

1. The police statement concerning F;

1. Each police seizure record and each list of seizure;

1. Investigation report (including photographs and accompanying photographs of the dental laboratory);

1. Investigation report (including photographs and photographs of seized articles);

1. Each investigation report (the confirmation of each recipient of the procedure described in B or A);

1. Ascertainment of persons A subject to each investigation report and medical treatment;

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