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(영문) 서울북부지방법원 2014.02.05 2013고단3184
보건범죄단속에관한특별조치법위반(부정의료업자)
Text

A defendant shall be punished by imprisonment for a year and a fine of KRW 5,00,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

No person, other than a dental dentist, shall engage in dental treatment as a business for profit.

Even if the Defendant is not a dentist, he was able to receive money from nearby residents for dental treatment, such as cryp and schep, at the 2nd floor dental room in Seoul, the Defendant received 300,000 won in the name of medical treatment from the above office for the first time on December 2010, and received 300,000 won in the name of dental treatment from the above office for the purpose of dental treatment, and conducted dental treatment, such as destroying the dental body of the above C and producing cryp, etc., on nine occasions from around that time to May 22, 2013, as shown in the list of crimes.

Accordingly, even though the defendant is not a dentist, the defendant was engaged in dental practice for profit.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, C, and E;

1. Investigation report (F telephone investigation);

1. Investigation report (G telephone call investigation);

1. Investigation report (H telephone investigation);

1. Investigation report (to make international telephone communications for witnesses);

1. Investigation report (J telephone investigation);

1. Investigation report (K Telephone Investigation);

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

1. Article 5 subparagraph 2 of the Act on Special Measures for the Control of Relevant Crimes and Public Health Crimes; Article 27 of the Medical Service Act (Selection of Imprisonment with prison labor);

1. Article 53 and Article 55 (1) 3 and 6 of the Criminal Act for discretionary mitigation;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there is no criminal history of the same kind of crime, the fact that all the crimes of this case are recognized, and the scale of gains acquired

1. Article 48 (1) of the Criminal Act of confiscation;

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

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