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(영문) 서울중앙지방법원 2013.06.04 2012고정6145
의료법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person who is operating a marina business with the trade name "D" in Gangnam-gu Seoul Metropolitan Government C 202.

1. No person, other than a massager, shall open a massage practice establishment or massage parlor;

However, the defendant was not accredited to the competent Mayor/Do governor.

Nevertheless, around August 28, 2010, the Defendant, with the trade name of “D”, which is a business establishment of the relevant marina shop, installed a facility, such as a simplified bed, which is 25 square meters, and employed E without obtaining recognition of qualifications as a massage operator and allowed it to engage in massage, and operated a massage clinic without qualification from around that time until July 26, 2012.

2. The Defendant, at the place indicated in the foregoing paragraph 1., established a massage place in the foregoing manner, and employed E who did not obtain the recognition of a massageman.

The Defendant: (a) on July 26, 2012, the Defendant: (b) had an unqualified customer E, who found the said establishment at the time of m. on July 26, 2012; (c) had him/her engage in an unqualified massage for profit by taking advantage of the surrounding parts, such as wood, shoulder, light, blue, bridge, etc., such as fingers, blue, blue, etc.; and (d) had him/her receive the fee from the said customer; and (e) from August 28, 2010 to July 26, 2012, the Defendant engaged in an unqualified massage for profit-making purposes against five customers.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol of the accused and E;

1. Application of Acts and subordinate statutes on field photographs;

1. Relevant Article of the Act on Criminal Facts, Articles 87 (1) 2, 82 (3), 33 (2) of the Medical Service Act (including the establishment of a place of massage practice for an unqualified employee), Articles 91, 88, and 82 (1) of the Medical Service Act, the selection of fines for negligence;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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