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Reasons
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(영문) 부산지방법원 동부지원 2015.06.17 2015고단673
보건범죄단속에관한특별조치법위반(부정의료업자)
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A defendant shall be punished by imprisonment with prison labor for a year and a fine of one million won.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

Although a person who is not a doctor is prohibited from engaging in medical practice for profit-making purposes, the defendant, from December 21, 2014 to February 6, 2015, had the equipment necessary for correspondence, such as literature and credit, excessive credit, increase in literature and credit, and gate design, from the defendant's house located in Suwon-gu B from Busan to February 21, 2015.

1. From December 29 to 30 on December 2014, the Defendant received KRW 100,000 from an unclaimed customer who found the place at the above Defendant’s home, and read the excessive language of 15cm size to the customer.

2. On January 10, 2015, the Defendant received 100,000 won from an unclaimed customer who found his place at the home of the above Defendant, and read 15cm of size to that customer.

3. On January 21, 2015, the Defendant received 100,000 won from an unclaimed customer who found his place at the home of the above Defendant and read the letter of 15cm size to the customer.

Accordingly, the defendant was engaged in medical practice for profit-making purposes.

Summary of Evidence

1. Defendant's legal statement;

1. Report on internal investigation (with respect to the confirmation of the tables for the operation of the suspect);

1. Application of Acts and subordinate statutes on police seizure records;

1. Article 5 subparagraph 1 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 and Fines)

1. Article 53, Article 55 (1) 3, and 6 of the Criminal Act for discretionary mitigation (see, e.g., initial crimes and reflective facts);

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

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

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

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

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