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A defendant shall be punished by imprisonment with prison labor for a year and a fine of three million won.
When the defendant does not pay the above fine.
Reasons
Punishment of the crime
1. No person, other than medical persons, shall perform medical acts in violation of the Act on Special Measures for the Control of Public Health Crimes, and no person, other than oriental medical doctors, shall engage in medical acts for profit-making purposes;
Nevertheless, even though the Defendant is not a doctor or herb doctor, on September 1, 2016, the Defendant confirmed the symptoms of C’s disease that he found in nose in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, and received approximately KRW 20,000 per time from the time when he received cash 20,000 in the same way against C, D, E, etc., by taking advantage of the symptoms of C’s disease that he found, and by taking advantage of the outbreak of punishment, he/she received from the said C, D, and E, from the time when he/she discovered the invasion of punishment, and received KRW 20,000 per time.
Accordingly, even if the defendant is not an oriental medical doctor, the defendant was engaged in oriental medical treatments for profit.
2. No person, other than a founder of a medical institution, the head of a medical institution, or a medical person (hereinafter referred to as "medical person, etc.") shall advertise medical treatment (referring to medical practice by a medical person, etc., such as newspapers, magazines, voice, sound, image, Internet, printed matters, printing materials, signboards, or other methods, and presenting or informing consumers of information about a medical institution, medical person, etc.; hereinafter referred to as "medical advertisement");
Notwithstanding the fact that the Defendant is not a medical person, etc., he/she operated the Internet car page as “G” on the Internet F Portal website. Around March 8, 2018, around June 8, 2018, the Defendant, as the title “H”, called “I”, and as the title “J”, around November 26, 2018, directly referred to as “J”, and advertised medical treatment by inserting the patient’s experience and various kinds of diseases, causes of modern medicine treatment, methods of treatment, methods of treating diseases caused by massing, etc.
3. The business of manufacturing functional health foods in violation of the Functional Health Foods Act.