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(영문) 서울북부지방법원 2017.10.11 2017고단3125
보건범죄단속에관한특별조치법위반(부정의료업자)
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A defendant shall be punished by imprisonment with prison labor for a year and a fine of three million won.

However, the above imprisonment for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person other than a medical person shall perform medical practice, and no medical person shall perform any medical practice other than that licensed.

No person who is not a dentist for profit shall engage in dental treatment as a business in violation of this.

1. The Defendant, from around 11:00 on October 23, 2014 to early December 2014, 2014, visited C and his/her wife in the house room of the building 201 in the Gangnam-gu Seoul Metropolitan Government E-gu E-mail from around 11:0 to around 12, 2014, to treat son on a 15-day basis, using small-sized line for dental treatment, skel, skel, skel, straw, alcohol, species, ploss, etc., and transferred son on 100,000 won to the account of the national bank in the name of the Defendant.

Accordingly, even though the defendant is not a dentist for profit-making purposes, the defendant was engaged in dental practice as a business.

2. On January 2015, the Defendant was transferred KRW 120,000 to the National Bank Account (F) account in the name of the Defendant on January 20, 2015, when he/she engaged in three medical treatment and installation and repair of the mold against G at a church near the U.S. Infant Station located in Gangnam-gu Seoul Metropolitan Government, and in return, he/she was transferred KRW 1,200,000 to G.

Accordingly, even though the defendant is not a dentist for profit-making purposes, the defendant was engaged in dental practice as a business.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the police in relation to C and G;

1. Written statements of D;

1. Application of Acts and subordinate statutes on transactions of deposits and withdrawal;

1. Relevant Article 5 subparagraph 2 of the Act on Special Measures for the Control of elective Public Health Crimes, Article 27 (1) of the Medical Service Act (joint imposition of imprisonment with labor for a period of time and fines);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the order of provisional payment.

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