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(영문) 대구지방법원 2019.07.17 2019고단2954
보건범죄단속에관한특별조치법위반(부정의료업자)등
Text

Defendant shall be punished by imprisonment for a year and six months and by a fine of 3,00,000 won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

1. No person, other than a medical person, who violates the Act on Special Measures for the Control of Public Health Crimes, shall engage in medical practice for profit-making purposes;

On July 2017, the Defendant, at the skin management shop located in the Busan City/Gu, administered the liquid (i.e., one pen) of organic net compound compounds using an injection device to two women on his/her name-free face, and received a total of KRW 500,000 in return from such women, as shown in the attached crime list (1). From around that time to May 20, 2019, the Defendant, as shown in the attached crime list (1), injected the injectr or Bos into the skin via an injection device and received a total of KRW 44,50,000 in return, received total of KRW 44,50,000 from such time to May 20, 2019.

Accordingly, the defendant was engaged in medical practice for profit-making purposes even though he was not a doctor.

2. A person who intends to engage in the business of selling medical devices in violation of the Medical Devices shall report the sales business to the Metropolitan Autonomous City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu.

Around August 30, 2017, the Defendant, without reporting the distribution of medical devices to the competent authority, sold 35 pieces of a medical device, which is a medical device, to C at the secondary management shop located in the City of Busan, and received KRW 1,250,000 from the above C as the sales proceeds in the name of the Defendant’s name from the transfer of KRW 1,250,00 to the D Association account in the name of the Defendant, and sold a medical device worth KRW 32,634,00 over 34 times from that time to May 12, 2019.

Accordingly, the Defendant did not report the sale of medical devices to the competent authorities, and the Defendant was engaged in the business of selling medical devices.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the interrogation of suspects of E by the prosecution;

1. Statement of the police statement concerning F;

1. A copy of the book, or a copy of the Facebook output;

1. Each investigation report (Evidence List Nos. 5, 10, 12, 14, 16, 18, 19, 20, 26, 28, 30, 32, 34, 36, 38, 40, 42, 52, 57, 64).

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