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(영문) 서울북부지방법원 2020.08.14 2020고단197
의료법위반
Text

A defendant shall be punished by imprisonment for four 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

No person, other than a massage club, shall establish a massage treatment facility or massage clinic.

Despite the fact that the Defendant is not a massage, from September 2018 to December 31, 2019, the Defendant operated a business establishment of marina in the name of “C” from around December 2018 to around December 31, 2019, operated a business establishment, with which foreigners in a waiting room, such as one waiting room, studio 6, and one equipment warehouse, employed women in a name-free manner as a massage, and had female employees who are not qualified as a massageman receive KRW 30,00 per 30,000 from the unspecified number of customers, receive 30,000,000 won from the unspecified number of customers, and caused them to engage in an act of cutting down their flads by cutting down their flads, and let them feel down

As a result, the Defendant established and operated a massage clinic without qualification.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes to advertising output, price list, business registration certificate, copy of lease contract, and copy of passbook;

1. Article 87 (2) 2, Article 82 (3), and Article 33 (2) of the former Medical Service Act (Amended by Act No. 1655, Aug. 27, 2019);

1. The crime of this case for the reason of sentencing under Article 10(1) and Article 8(1)1 of the Act on Regulation and Punishment of Criminal Proceeds Concealment is a crime that seriously undermines the purpose of legislation of the Medical Service Act in order to support their livelihood and to provide opportunities to participate in occupational activities by taking advantage of the fact that the Defendant’s operation period of massage practice reaches about 1 year and 4 months and it appears that there are no considerable amount of profit therefrom.

However, this case is where the defendant recognized the crime and reflects the mistake.

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