Defendant

A shall be punished by imprisonment with prison labor for six months, and by a fine of one million won.

Defendant

B The above fine shall not be paid.

Punishment of the crime

1. No person who is not a person qualified as a massage operator may establish a massage place;

Nevertheless, the Defendant, even though he was not qualified as a massage, was at the place of marina business with the trade name “D massage” operated by the Defendant from June 11, 2019 to August 15, 2019, received KRW 70,000 in cash from male customers, such as E, who had been equipped with facilities such as a marina room, and had B engage in massage by means of taking the custody of the said E telegraph.

As a result, the Defendant established a massage place without the qualification of the massage operator.

2. Defendant B, as a visually disabled person under the Act on Welfare of Persons with Disabilities, shall obtain an accreditation from the Mayor/Do governor, and shall not engage in massage for profit without obtaining an accreditation from the inseminator;

Nevertheless, around August 15, 2019, the defendant was informed of guest E at the same place as the above paragraph 1, and received cash amount of 40,000 won, and became aware of the telegraph by hand.

Summary of Evidence

1. Defendants’ legal statement

1. Statement to E by the police;

1. A report on investigation (the attachment of a real estate lease agreement submitted by a suspect A and the verification of the operating period), a copy of a real estate lease agreement;

1. Application of Acts and subordinate statutes on report of occurrence (violation of Medical Service Act);

1. Article 87 (2) 2, Article 82 (3), and Article 33 (2) 1 of the former Medical Service Act (amended by Act No. 1655, Aug. 27, 2019; hereinafter the same shall apply): Defendant B: Subparagraph 3 of Article 88 and Article 82 (1) of the former Medical Service Act;

1. Defendant B of detention in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant A: Article 62 (1) of the Criminal Act;

1. Defendant A of probation and community service order: Article 62-2 of the Criminal Act;

1. Defendant B of the provisional payment order: Defendant A with the reason for sentencing of Article 334(1) of the Criminal Procedure Act.