A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is a person who operates a marina business establishment in the name of “C” at the window B of Changwon-si.

No person other than a massage doctor may open a place of massage practice.

Although the Defendant did not obtain recognition of the qualification as a massage, from around September 2020 to October 3, 2020, the Defendant, at around 35 square meters, equipped with a price list comprised of 20,000 to 55,000 won depending on the body part and massage time to receive massage, and opened a massage place by having a massageman engage in an act of massage by having a large number of unspecified customers, who found out of this amount of female employees who did not obtain recognition of the qualification as a massage, and by having them engage in an act of massage by having them take charge of physical part of their body, such as learning of fingers and a shoulder, etc. with the said amount of money.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Application of the receipt statute

1. Article 87-2 (2) 2, Article 33 (2), and Article 82 (3) of the Medical Service Act (or choice of imprisonment with labor);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: Imprisonment with prison labor for not more than five years;

2. Determination of sentence: Imprisonment with prison labor for four months, suspension of execution for one year [unfavorable circumstances] Defendant has already been sentenced to a fine twice in 2019 and 2020 due to a violation of the Medical Service Act due to the operation of the same place of business, he/she again committed the instant crime, and has a number of criminal records of a fine.

[ favorable circumstances] The defendant discontinued the business of this case and did not repeat the business of this case.

Considering the above circumstances, various sentencing factors specified in the arguments of this case, such as the defendant's age, sexual conduct, environment, motive for committing a crime, and circumstances after committing a crime, shall be determined as ordered by the text.