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(영문) 수원지방법원 2019.10.17 2019고정296
의료법위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is the head of the “C” office, which is a marina business in the fourth floor of Suwon-si B building, who manages the said business.

No person shall be allowed to engage in massage for profit without being accredited as a massage.

Nevertheless, from May 20, 2017 to September 1, 2018, “C” located on the fourth floor of Suwon-si B Building from Suwon-si from Suwon-si around May 20, 2017, the Defendant, according to D’s instructions, employed the Defendant as the head of office and had the employees and C manage it.

In accordance with the course, 5,00 to 220,00 won was received from the nameless customers who had employed as employees of E, F, etc., who had not been qualified as a massage club and had them find the above business place, and had them take part in the horse, such as suppressing the arms, legs, etc. with the customers, etc. in return for the consideration of the course.

Accordingly, the Defendant conspiredd with D to obtain the recognition of Marine without obtaining the recognition of Marine.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Each police interrogation protocol against the accused, D, or F;

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment to Internet after-school advertisements of the business establishment violating the C), investigation report (Attachment to summary orders, etc. of the same kind D), internal investigation report (Evidence Records 19 pages);

1. The defendant asserts that Article 88 subparagraph 3 of the pertinent Act as to facts constituting an offense, and Articles 88 and 82(1) of the Medical Service Act as to the selection of fines under Article 30 of the Criminal Act, and that the defendant cannot be punished as an accomplice in violation of the Medical Service Act, since he

However, the facts charged in this case are not prosecuted for the establishment of a joint penal provision under Article 91 of the Medical Service Act or a place of massage practice under Article 87(1)2, Article 33(2), and Article 82(3) of the Medical Service Act, which is based on the premise of substantial business owner, but they are prosecuted for joint principal offenders with regard to the facts that directly employed an employee who is the actor and engaged in an act of unfair qualification together with such employee, and based on the evidence.

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