2015Ma223 Violation of the Act on Special Measures for the Control of Public Health Crimes (Unlawful Medical Service Providers)

Assistance, Violation of Medical Service Act, Violation of Pharmaceutical Affairs Act

A, director of ○○ Drugs

Residence

Reference domicile

○○ (Lawsuits) and ○○ (Public Trial)

Attorney ○○○

May 12, 2015

Defendant shall be punished by imprisonment with prison labor of one year and six months, by a fine of 5,00,000 won.

When the defendant fails to pay the above fine, the defendant shall be confined in a workhouse for the period converted into one day.

Seized evidence shall be confiscated, respectively, subparagraphs 1 through 4, 7 through 11, 20 through 23, 25 through 32, 34 through 51, and 62 through 96.

In order to order the provisional payment of an amount equivalent to the above fine.

Criminal facts

1. Helping and abetting a person in violation of the Act on Special Measures for the Control of Public Health Crimes;

(a) Assistance in unlicensed medical practice under B;

On July 16, 2014, the Defendant: (a) knew of the fact that B, other than a medical person, is running a sexual surgery against many unspecified persons for profit, and (b) had C employed by the Defendant deliver 100 pieces of a medical device, which is a medical device, to B at the house located in B located in B located in B located in B located in the ○○○○dong-dong ○○○ apartment-dong ○○○dong, Bupyeong-gu, ○○○ apartment-dong, ○○○○dong.

B around that time, the said apartment house, etc. was purchased in the above place, and operated a non-licensed medical practice for profit-making purposes with money to many and unspecified persons, and received money from them.

As a result, the Defendant aided and abetted B to engage in non-exclusive medical care business for profit-making purposes.

(b) Aid for unlicensed medical practice;

On July 16, 2014, the Defendant: (a) knew of the fact that D, other than a medical person, is running a sex treatment business against many and unspecified persons for profit-making purposes, and (b) had C deliver 100 copies of D from D’s house located in the ○○○○dong-gu, Busan to D and deliver 100 copies of D.

D Around that time, he used a pen that was delivered by the defendant at the location of Seoul, etc. and received money in return for doing medical practice to many unspecified persons and received money for profit-making purposes.

Accordingly, the defendant assisted and aided D's non-exclusive medical care business for profit-making purposes.

2. Violation of the Medical Service Act;

No person other than a medical person shall perform medical practice.

Nevertheless, on August 2014, the Defendant used the ○○○○○○○○○○○○○○○○ Education Center operated by the Defendant at the early ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○, injecting Ka and Ma

Accordingly, even if the defendant is not a doctor, he was sexually and medically treated.

3. No person, other than a person who has established a pharmacy violating the Pharmaceutical Affairs Act (including a pharmacist or herb pharmacist working for the pharmacy in question), may sell or award drugs (Article 2 subparagraph 1 of the Pharmaceutical Affairs Act provides that "sale" includes "sale" or "sale") or acquire drugs for that purpose.

(a) Sale to F;

On July 7, 2014, the Defendant: (a) decided to sell Stockholm, a prescription medicine, to F; (b) received the transfer of the price of KRW 3 million to a bank account in the name of G (any clerical error is apparent in the facts charged) from the Defendant, and (c) around July 31, 2014, caused the said C to deliver KRW 300,000 to F as Kwikset services.

Accordingly, the Defendant sold medicines even though he was not a pharmacy founder.

(b) Awarding to H;

On July 30, 2014, the Defendant found the above C at the H’s house located in ○○○ Dong-dong, Seocheon-si, Seocheon-si, and had H deliver 300 Stockholms, a prescription medicine, to H.

Accordingly, the Defendant, even though he was not a pharmacy founder, awarded drugs.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C, B, and D;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Statement of prosecutorial statement concerning C;

1. Copy of each protocol concerning the examination of suspects of H and D;

1. Each protocol of seizure;

1. An output of text messages given and received with the details of transactions of entry and withdrawal, I, and B, text messages, ○○○○○ dialogue, Memos (Evidence Nos. 28), and H;

1. A copy of each seizure protocol, each photograph, a statement of transactions by account, a note (No. 46), a copy of calendar, a statement of transactions by himself/herself financial transaction, and a statement of transactions by self-reliance deposits;

1. Each investigation report (the sequence 58,59,63,64,65);

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Crime; Article 5 subparagraph 1 of the Act on Special Measures for the Control of Public Health Crimes; Article 27 (1) of the Medical Service Act; Article 32 (1) of the Criminal Act; Article 32 (1) of the Criminal Act; and Article 32 of the Criminal Act

2. Criminal facts: Articles 87(1) and 27(1) of the Medical Service Act; Articles 93(1)7 and 44(1) of the same Act; Articles 93(1)7 and 44(1) of the same Act; 1. Aid and mitigation of sentence;

Articles 32(2) and 55(1)3 of each Criminal Act / [Article 32(2) and 55(1)3 of each Criminal Act concerning aiding and abetting a violation of the Act on Special Measures for the Control of Public Health Crimes

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

1. Order of provisional payment;

The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that public health crimes causing serious danger to national health, and that the defendant has been punished several times for the same crime, and among which there are records of having been sentenced to a suspended sentence in 2012, and that the defendant committed the crime in this case during the suspended sentence period even though he was sentenced to a suspended sentence for a violation of the Customs Act in 2014 (as to drug smuggling), it should be sentenced to a considerable amount of punishment even if considering the nature of the crime and the favorable circumstances of the defendant due to their gross negligence, and thus, the same sentence as the order shall be sentenced.

Judges Kim Jong-san