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(영문) 춘천지방법원 2016.08.31 2016고단682
보건범죄단속에관한특별조치법위반(부정의료업자)
Text

Defendants shall be punished by imprisonment with prison labor of one year and six months and by a fine of 1,500,000 won.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

A is a person who operates the 'E department shop' in Chuncheon City D, and Defendant B is a person who operates the 'G' medical device distributor in Gangnam-gu Seoul Metropolitan Government F.

The Defendants offered the above skin shop to Defendant A as the place for the above skin shop, recruited the customer visiting the said place as the person to undergo the surgery, and decided directly by Defendant B to conduct the Costaco (the method of non-freshing marcing marcing mar). On April 3, 2015, Defendant A introduced the said skin shop to H from the above skin shop to H, and Defendant B received KRW 300,000 in compensation for the operation by inserting Costaco on the part of H, and received KRW 230,000 in total over 24 times from around that day to July 10, 2015, as indicated in the list of crimes.

As a result, the Defendants conspired to conduct medical practice for profit-making purposes even though they were not doctors.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made with respect to I, J, K, L, M, or N;

1. A written statement ofO, P, Q and R preparation;

1. A report on internal investigation (S, T, U,V, W and telephone conversations details);

1. Application of Acts and subordinate statutes on account books of records on procedures;

1. Relevant Article 5 subparagraph 1 of the Act on Special Measures for the Control of elective Public Health Crimes, Article 27 of the Medical Service Act, Article 30 of the Criminal Act (including joint provisions), choice of organic imprisonment, and the concurrent imposition of fines concerning criminal facts;

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 Code of the Republic of Korea;

1. Although the grounds for sentencing of Article 334(1) of the Criminal Procedure Act include: (a) the nature of the crime in light of the background, content, and risk of each of the instant offenses; and (b) the number of times of such offenses is too heavy; (c) the Defendants are in profoundly against their mistakes; and (d) some of the costs of the instant offenses were not paid.

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