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.

Criminal facts

No person, other than an oriental medical doctor, shall engage in oriental medical treatment as a business for profit.

Nevertheless, from March 2013 to December 14:16, 2013, the Defendant: (a) operated a skin room in the name of “E” with facilities, such as a soup room, which is located in Seongbuk-gu, Seongbuk-gu; (b) up to approximately 5 square meters indoor space; and (c) operated a sobry room in the inner space of approximately 5 square meters; (d) the Defendant received 55,000 won per time from many unspecified persons, such as F and G, who have been customers, and put the sobry room in the return room by using a special bed; and (e) made profits equivalent to approximately 8 million won in total during the given period.

Accordingly, even if the defendant is not an oriental medical doctor, he was engaged in the oriental medical practice business for profit.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. Records of seizure and the list of seizure;

1. The details of each card transaction and the card approval slip;

1. Application of each statute on photographs;

1. Article 5 subparagraph 3 of the Act on Special Measures for the Control of elective Public Health Crimes, Article 27 (1) of the Medical Service Act (Concurrent Imposition of Imprisonment or Imprisonment with prison labor);

1. Mitigation of discretionary mitigations under Articles 53, 55(1)3 and 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. Article 62 (1) and (2) of the Criminal Act (The following favorable circumstances shall be considered as the reasons for sentencing);

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Medical practice conducted by a person who is not a medical personnel with reason of sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment has the risk of causing serious harm to the lives and health of people, and thus, it is inevitable to punish strictly.

However, the fact that the defendant has led to a crime and is against himself/herself, and that he/she is against it.