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(영문) 울산지방법원 2013.12.13 2013고단3261
보건범죄단속에관한특별조치법위반(부정의료업자)
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A defendant shall be punished by imprisonment with prison labor for a year and a fine of two million won.

If the defendant fails to pay the above fine, 50,000.

Reasons

Punishment of the crime

No person, other than a dentist, shall engage in the business of dental treatment for profit.

1. On October 201, the Defendant: (a) at D’s house located in Ulsan-gu C Apartment 202, 307, Ulsan-gu, Ulsan-gu, 201; (b) at D’s house; (c) upon D’s request for the installation of a mold, made the mold model and installed it with D using implements for the production of the mold in which he was in possession; and (d) received KRW 1,100,000 as a consideration.

2. On November 201, 201, the Defendant was issued KRW 600,00 in return for the installation of the mold with E at the guard room of the two seconds working in Ulsanbuk-gu C Apartment, Ulsan-gu, and upon the request of E for the installation of a mold, and installation of the mold with E in the same manner as that of the preceding paragraph.

3. On May 2013, the Defendant was issued KRW 140,00 in return for the production and installation of the mold with the same method as that of the preceding paragraph at the house of G located in Ulsan-gu, Ulsan-gu, 110 404, and at the request of G to install the mold from G, and received KRW 1,400,000 in return.

As a result, the Defendant engaged in dental treatment for profit-making purposes three times in total.

Summary of Evidence

1. Defendant's legal statement;

1. Each police protocol of statement about D, E, and G;

1. Statement of seizure of each police;

1. Application of Acts and subordinate statutes to official documents and replies concerning whether a suspect's license is granted or not;

1. Article 5 subparagraph 2 of the Act on Special Measures for the Control of Illegal Crimes, Article 27 (1) of the Medical Service Act;

1. Selection of punishment and limited imprisonment;

1. Article 53 and Article 55 (1) 3 and 6 of the Criminal Act for discretionary mitigation;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act (see, e., Supreme Court Decisions 201Do1448, Apr. 2, 2012>

1. Confiscation Article 48 of the Criminal Act

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