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(영문) 의정부지방법원 2019.03.28 2018고단5067
보건범죄단속에관한특별조치법위반(부정의료업자)등
Text

A defendant shall be punished by imprisonment for a year and a fine of KRW 3,00,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. No person, other than an intention of a person who violates the Act on Special Measures for the Control of Public Health Crimes, shall engage in medical practice for profit;

Nevertheless, on January 2014, the Defendant: (a) provided counseling on pains, such as spine, pelvis, etc., to D, a customer, who found the place at the place of business in Seocho-gu Seoul Metropolitan Government Btel 20; and (b) provided the said D with a view to treating it; (c) provided a medical practice using his hand to correct the bones by taking charge of spine, pelvis, etc. or using pelvis; and (d) received KRW 600,000 as a medical expense from the said D from December 2017 to December 2017, the Defendant provided the said 413 medical practice to correct the bones of customers by the said method as described in the list of crimes committed in the attached Table; and (d) received total of KRW 184,510,000 from customers as medical expenses.

Therefore, although the defendant is not a doctor, the defendant was engaged in medical practice for profit.

2. A person, other than a medical corporation, medical institution, or medical person, shall not advertise concerning medical treatment;

Nevertheless, around August 1, 2017, the Defendant posted to C Company E (F) the image of the phrase “ebrate, pelvis correction, rehabilitation exercise severe disease, cerebrovasson, brainson, spine salt, spine salt, accident, and surgery, and symptoms after surgery, to increase the scope of operation for oil-saving, two copies, inorganic force, and the cause of the flasium,” and on August 18, 2017, the Defendant posted to C Company E the image of the phrase “c Company E” and continuously advertised C Company Gbrog (H) with the method of putting a video image that treats male’s incurable as “I,” as its business.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against J and K:

1. Statement of the police concerning L;

1. Each of the Acts and subordinate statutes shall report the investigation.

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