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(영문) 의정부지방법원 2015.06.15 2015고단728
의료법위반등
Text

A defendant shall be punished by imprisonment for four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Medical Service Act;

(a) Anyone who intends to establish a massage place shall obtain recognition of his/her qualification from the competent Mayor/Do Governor;

Although the Defendant did not obtain recognition of a massage, from Jun. 10, 2013 to Oct. 7, 2014, the Defendant operated a massage place with ten massage banks in which simple intrusion was installed on the south-si B and the third floor of Nam-si, and showers, etc., with the trade name of “C”, while operating a massage place with the trade name of “C”, the Defendant received 50,000 won from customers, and caused D to take the massage in the same manner.

As a result, the Defendant established a massage place without obtaining the recognition of a massage operator.

B. The Defendant, from Jun. 10, 2013 to Oct. 7, 2014, was aware of the fact that he/she had been accredited as a massage club at the said business establishment, and was found to many unspecified customers without having obtained such recognition, and received KRW 50,000 as the price therefor.

Accordingly, the defendant did not obtain the recognition of Marine and got a massage for profit.

2. On July 23, 2013, the Defendant violated the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (sexual traffic) committed sexual traffic over a total of six times from July 23, 2013 to July 30, 2014, including the fact that the Defendant received KRW 100,00 from customers and provided sexual intercourse with them and engaged in sexual traffic.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol regarding D;

1. Statement to E by the police;

1. A report on internal investigation:

1. Control site:

1. Application of details of transactions (one right of investigation record No. 79), lease contract, business registration certificate, and statutes;

1. Relevant Article of the Act on the Punishment of Acts of Arranging Sexual Traffic, Articles 87(1)2, 82(3), and 33(2) of the Medical Service Act (the establishment of an office without qualification) concerning criminal facts, Articles 88 and 82(1) of the Medical Service Act, Article 21(1) of the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. (the occupation of sexual traffic), and Article 1 of the choice of imprisonment.

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