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(영문) 부산지방법원 동부지원 2020.01.08 2019고단1559
보건범죄단속에관한특별조치법위반(부정의료업자)등
Text

A defendant shall be punished by imprisonment for a year and a fine of KRW 1,00,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. No person who violates the Act on Special Measures for the Control of Public Health Crimes shall engage in medical practice for profit only by a medical person;

Notwithstanding the fact that the Defendant is not a medical person, from March 1, 2016 to January 19, 2019, operated the skin management office with the trade name “D” at the Busan Gyeong Building C, Busan Gyeong-gu, Inc., and on June 8, 2016, the Defendant provided e who found the above contact care office with a eyebrow shape by injecting the color room on the eyebrow side with a face-to-face credit tool, and received 300,000 won for the expenses of the surgery from June 8, 2016 to December 22, 2018, and received compensation for the said door care office by the same method over a total of 26 times, such as the list of crimes, as indicated in the attached Table.

Accordingly, the defendant was engaged in medical practice for profit.

2. No person other than a medical person who violates the Medical Service Act shall perform medical practice;

On December 2017, the Defendant, despite being not a medical personnel, administered an unlicensed medical practice without compensation to an unclaimed person at the residence of a person in distressed with the name in Busan Maritime Affairs and Daegu Do, and operated an unlicensed medical practice.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. All data submitted by the civil petitioners E-M AIL;

1. References to the results of inquiries about licenses for health and medical services personnel;

1. Data on warrant of search, seizure and verification;

1. Second executive reply data of a warrant of search, seizure and verification;

1. A statement of account transactions in the name of the suspect;

1. Photographs of the place of business/place of business, and photographs of the place of business/place thereof;

1. Application of Acts and subordinate statutes to reports on internal investigation (statements by reporters and related Acts and subordinate statutes);

1. Article 5 subparag. 1 of the Act on Special Measures for the Control of elective Public Health Crimes, Article 27(1) of the Medical Service Act (as a matter of medical practice for profit-making purposes, including the fact that medical practice is conducted for profit-making purposes, the choice of limited imprisonment and the imposition of fines), and Article 27(1) of the former Medical Service Act.

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