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(영문) 서울동부지방법원 2015.11.06 2015고정1652
의료법위반
Text

Defendant

A shall be punished by a fine of 2,00,000 won, and a fine of 50,000 won, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. No person, other than Defendant A Marin may establish a massage practice establishment or massage parlor;

Even if the Defendant is not a massage club, the Defendant established a massage club without qualification by having approximately 198 square meters in the name of “D” in Gangdong-gu Seoul Metropolitan Government from October 2013 to June 19, 2015, with 13 marina rooms, 198 square meters in the name of “D,” and employing 20 persons, such as “B,” and having them visit the said business place, and having them take 30,000 to 60,000 to 30,000 to 60,000 for each course, and having them take part in a massage room using hand and elbow, etc.

2. He/she shall not engage in massage for profit without obtaining his/her qualification as a inseminator accredited for defendant B;

The Defendant, without obtaining the recognition of the qualification as a massage, performed massage in the said “D” business establishment from June 2, 2015 to June 19, 2015, by obtaining KRW 1.5 million per month from the said “D” business establishment, and by taking advantage of hand and elbows, etc., and by taking advantage of hand and elbows, carried out massage for profit without the qualification as a massage.

Summary of Evidence

1. Defendants’ respective legal statements

1. A report on the control of public morals and business offices;

1. Application of the photographic Acts and subordinate statutes;

1. Article 87 (1) 2, Article 82 (3), and Article 33 (2) 1 of the Medical Service Act (Selection of Fine): Defendant B: Articles 88 and 82 (1) of the Medical Service Act (Selection of Fine);

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

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

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