The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

1. The decision of the court below (1,000,000 won) on the summary of the grounds for appeal is too unreasonable.

2. An ex officio prosecutor applied for permission to modify the previous facts charged and the applicable legal provisions in the judgment below, and the judgment of the court below cannot be maintained since the subject of the judgment was changed by this court's permission.

The facts charged: The defendant, in the previous facts charged, committed an act of massage for profit without obtaining recognition of qualifications for massage company.

“To this end, the Defendant had employees F and G, who did not obtain recognition of qualifications for massage for profit-making purposes, engage in massage.

Article 8 and Article 82 (1) of the Medical Service Act (Article 91 of the Medical Service Act) shall be added to "Article 91 of the Medical Service Act", a former legal entity of the application.

3. The judgment below is reversed in accordance with Articles 364(2) and 364(6) of the Criminal Procedure Act, on the ground that the judgment of the court below is reversed ex officio as to the above Paragraph 2, and the following judgment is rendered after pleading.

[Grounds for a new judgment] The criminal defendant, from March 16, 2015 to April 23, 2015, employed F and G as an employee, who did not receive 30,000 won or 150,000 won under the name of massage and did not obtain the qualification of massage company, and had them know by taking charge of or enjoying, etc., customers by using hand and blus, etc.

Accordingly, the defendant allowed employees F and G not recognized as a massageman's qualification for profit-making purposes to engage in massage.

Summary of Evidence

The summary of the evidence of the facts constituting the crime recognized by this court is the same as that of each corresponding column of the judgment below, and thus, it is quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Criminal facts;