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(영문) 서울동부지방법원 2015.07.24 2015고정40
의료법위반
Text

Defendant shall be punished by a fine of KRW 3,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[2015 Man-Ma40] The Defendant operated “C” on July 2, 2014 to October 18, 2014, and employed female employees who did not obtain recognition of qualification as a massageman, and had them engage in an act of massage by writing or singing telegraphs, such as customers’ trees, shoulders, etc., at a fee of KRW 80,00,000 from customers, or did not obtain recognition of qualification as a massage.

Accordingly, the defendant did not obtain the recognition of the Marine's qualification, and was Marine for profit.

[2015 Highly 996] The Defendant is a person who operates a marina business with a mutual friendship in Gwangjin-gu Seoul Special Metropolitan City(C).

No person who is not qualified as a massager shall establish a massage place.

Nevertheless, on March 20, 2015, the Defendant established five guest rooms at the above business establishment and employed female employees. From around that time to April 03:00 to around that time, the Defendant had female employees take a horse in such a way that he/she takes the body of the customers by taking advantage of hand and arms or releasing the flabed body of the customers by taking advantage of hand and arms.

As a result, the Defendant established and operated a massage place without qualification as a massage operator.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol against D, E, or F;

1. Evidential materials (on-site photographs, books, sales slips);

1. Application of Acts and subordinate statutes governing the production of loans;

1. Relevant Article of the Act on Criminal Facts, Articles 88, 82 (1) of the Medical Service Act that provides for the choice of punishment, and Article 88, 82 (1) of the same Act, Articles 87 (1) 2, 82 (3), and 33 (2) 1 of the Medical Service Act (the establishment of an office for massage treatment and the selection of fines);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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