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Defendant shall be punished by a fine of one million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
The defendant is a person who operates the E-Korean Council members on the third floor of the Gangnam-gu Seoul Metropolitan Government D building.
No person other than a medical person shall perform medical practice, and no medical person shall perform any medical practice other than that licensed.
Nevertheless, at the above place on April 6, 2013, the Defendant received KRW 100,00 from F using a diagnosis X-ray (a density measuring instrument), which is equipment in the field of medical practice by a video medical doctor, from the patient, and conducted a growth board inspection. Furthermore, the Defendant performed medical practice other than those licensed in the same manner from March 17, 2012 to July 26, 2013.
Summary of Evidence
1. Legal statement of witness G;
1. Results of the accusation CD recycling and viewing;
1. G statements;
1. A criminal investigation report (E) (a confirmation of the original structure), a criminal investigation report (attaching medical data);
1. Application of Acts and subordinate statutes to field mining photographs, structure drawings and documentary evidence photographs, and data on the measurement of aggregate density;
1. Relevant Article of the Act on Criminal Facts and Articles 87 (1) 2 and 27 (1) of the Medical Service Act for the Selection of Punishment;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act
1. The summary of the argument is that X-ray generation equipment for the diagnosis of this case (hereinafter “the instant equipment”) is not used by the Defendant’s E-ray, but within the E-ray operated by the H president, and is used by the E-ray. Thus, the Defendant did not perform non-licensed medical practice.
2. The following circumstances are acknowledged based on the evidence duly adopted and examined by this Court. ① The founder of the Ewon, who claimed by the Defendant as the person in charge of installation and management of the instant devices, is a medical specialist in the family department, who appears to have no particular connection with the use of the instant devices, and ② The E Institute is a medical institution with a specialized department, a child, and a family department.