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(영문) 인천지방법원 2013.04.04 2013고단247
의료법위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, 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

The defendant employed Ma who is not qualified as a massage as an employee, and thought that he would operate the massage business.

around 10:50 on October 16, 2012, the Defendant: (a) around 10:50, from “F” to “F” to “F” of the second floor E-2, Nam-gu, Incheon Metropolitan City, intended to look at G by means of taking a competent jurisdiction over telegraph by hand and shot, and received KRW 50,000 from G.

Accordingly, from August 2012 to the above temporary date, the Defendant opened a massage clinic without qualification, and was engaged in massage for the purpose of profit-making without being recognized as a massager in collusion with D.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning suspect examination of D;

1. Application of the G’s written Acts and subordinate statutes;

1. Article 87 (1) 2, Article 82 (3), Article 33 (2) 1 (a) of the Medical Service Act (the establishment of an office without qualification and a prison labor) on criminal facts, Article 88 or 82 (1) of the Medical Service Act, Article 30 of the Criminal Act for the purpose of profit-making;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (the confession that the defendant is committing a crime, and there is no criminal record exceeding the fine except for the criminal records of imprisonment in around 1997, and considering family environment, business period, size, etc. of the defendant);

1. Probation and community service order under Article 62-2 of the Criminal Act (in order to prevent recidivism, such as three times a previous conviction of the same kind of fine);

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