2016 Highest 130 Violation of the Medical Service Act

1. A;

2. B

3. C

4. D;

5. E.

6. F;

7. G.

8. H;

9. I

Emotionating (prosecution) and duplicating (public trial)

Attorney J (Aponsor for Defendant A and B)

Attorney K (Defendant C, D, E, F, G, and H)

Attorney L (Apon for Defendant I)

June 9, 2016

1. Defendant A

Defendant A shall be punished by imprisonment with prison labor for ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive. It shall order the defendant A to provide community service for 120 hours.

2. Defendant 1

Defendant I shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive. Defendant I shall order Defendant I to provide community service for 40 hours.

3. Defendant B, C, D, E, F, G, H Defendant C, E, G, and H are punished by a fine of KRW 5 million, Defendant B, D, and F, respectively, by a fine of KRW 3 million.

In the event that the above Defendants did not pay each fine, each of the above Defendants shall be confined to the Labor House for the period calculated by converting the amount of KRW 100,000 into one day.

Criminal facts

Defendant A is the representative of Defendant A, a corporation established for the purpose of advertising agency, etc., who actually operates a bulletin board on sexual information from “N,” which is the head of the Internet P, and Defendant B is the representative of the corporation established for the purpose of advertising agency, etc. and Defendant B is the operator of “P,” which is the representative of 0 corporation established for the purpose of advertising agency, etc., and the head of the Internet PP. Defendant C is the director of the RP located in Busan Jin-gu Q, and Defendant C is the director of the SP located in Busan Jin-gu, Busan, and Defendant C is the director of the UP branch in Busan, and Defendant C is the director of the Busan Jin-gu T, Busan, and Defendant F is the director of the UP branch in Busan, and Defendant G is the director of the Busan PP branch in order to request the above Defendant B and the director of the PP branch in Busan, who is the head of the UP branch in Busan, and Defendant H is the head of the UP branch and the director of the PP branch in Busan.

1. Defendant A, B, I, and C’s joint criminal conduct: (a) upon request of Defendant A for an advertisement from April 2013 to July 2015, Defendant C, according to the above conspiracy, made an advertisement in a manner of raising the interest of the members of the carpets who intentionally increase the number of inquiries; and (b) upon the request of Defendant A to make an advertisement, Defendant A, B, and I made an advertisement at KRW 106,40,00 in total; and (c) Defendant A, B, and I posted the aforesaid “R operated by Defendant Z on the “N” and “P” sexual car page, which includes the patient’s treatment experience and fences before and after the surgery; and (d) providing a large number of comments to the effect that the surgery would be conducted; and (e) informing the patient of where it is possible for the hospital to enter into the surgery in a way of expressing comments or remarks. Accordingly, in collusion with the above Defendants.

2. Defendant A, B, I, and D’s co-principal conduct: (a) according to the foregoing conspiracy from October 2014 to August 2015, Defendant D provided an advertising act in which Defendant A requested advertising to Defendant A; and (b) Defendant A, Defendant B, and Defendant B received an operation from Defendant D’s sexual car page “S operated by Defendant D” in the “N” and “P” sexual car page; (c) followed the operation. Defendant A, Defendant B, and Defendant B, inserted comments on the purpose of complying with the surgery, including the patient’s treatment experience and fence, and intentionally increased the number of inquiries, thereby raising the interest of the members of the carpets who wish to perform sexual surgery, and informing the hospital of what extent they are through comments or remarks. As a result, Defendant A and Defendant B conspiredd with the above Defendants by posting medical experience in order to mislead consumers.

3. Defendant A, B, I, and E’s joint criminal conduct was carried out in the form of “U operated by Defendant E” in the form of “N” and “P”, in response to the foregoing solicitation from January 2014 to September 2015, Defendant A, B, and E’s request for an advertisement to Defendant A. In addition, Defendant A, B, and Defendant 1 had been carried out an operation in the form of “N” and “P.” In addition, Defendant A, B, and Defendant 1 had been carried out an operation in the form of “U operated by Defendant E.”. Defendant A posted a patient’s treatment experience, etc., including photographs before and after a person’s surgery, followed the surgery, and expressed comments to that effect, and intentionally increased the number of inquiries, thereby raising the interest of members who wish to carry out a sex surgery, and informing where to what extent whether the surgery hospital is a member who wants to carry out a sex surgery through comments or comments. As a result, the above Defendants conspired to act in collusion with the above patients, thereby inducing consumers to make an advertisement.

4. Defendant A, B, I, and F jointly committed an act of advertising in a way that, according to the aforementioned conspiracy from around November 2013 to June 2015, Defendant F, upon requesting Defendant A to advertise, paid a total of KRW 27,90,000 in return for requesting Defendant A to advertise, and Defendant A, Defendant B, and Defendant 1 got surgery from “V operated by Defendant F in N” and “P” sexual car page. Defendant A, Defendant B, and Defendant 1 were carried out an operation from “V” sexual car page. Defendant F was carried out after the surgery, such as the patient’s treatment experience and fence of the patient who included a photograph before and after the surgery, written comments to the effect that he follows the surgery, and intentionally increased the number of inquiries, thereby raising the interest of the members of the carpet who want sexual surgery and informing the hospital of what is through comments or remarks. As a result, the above Defendants conspired to give medical experience to the above patients, thereby making it easier for consumers by advertising.

5. Defendant A, B, I, and G’s joint criminal conduct: (a) upon request of Defendant A for an advertisement from July 2014 to September 2015 according to the foregoing conspiracy, Defendant A, B, and G paid a total of KRW 104,930,00 in return; (b) Defendant A, Defendant B, and Defendant B posted “W operated by Defendant G on N” and “P” sexual car page “W” after the surgery, including the patient’s treatment experience, in which the patient’s photograph was included before and after the surgery; and (c) intentionally increase the number of inquiries, thereby raising the interest of the members of the Kapulmonary surgery; and (d) informing the patient of where the surgery was conducted through comments or pages. By doing so, the above Defendants conspired with the above Defendants in collusion, thereby making an advertisement likely to mislead consumers by posting treatment experience.

6. Defendant A, B, I, and H’s joint criminal conduct according to the foregoing conspiracys from March 2014 to September 2015: (a) paid KRW 94,473,00 in return for Defendant A’s request for advertisement; (b) Defendant A, Defendant B, and Defendant 1 posted Defendant AAA’s treatment experience and fences on “N” and “P’s sexual car page; and (c) responded to and responded to the surgery in a large number of inquiries by intentionally increasing the number of inquiries, thereby raising the interest of members of the carpets who wishing to perform sexual surgery; and (d) informing Defendant A of what kind of advertising is through comments or comments. Accordingly, Defendant A, Defendant B, and Defendant 1 conspired with the above Defendants in collusion with posting treatment experience in a manner that is likely to mislead consumers by inserting treatment experience.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement of AB;

1. Each written statement of AC, AD, AE, AF, AG, AH, AI, AJ, AK, AL, AM, AO, AP, Q, AR, AS, ATS, ATS, AU, AV, AW, AX, AY, Z and F;

1. Materials: 1 to 299;

1. N카폐내 부산성형정보방 수술후기 및 위장댓글 출력물, P 부산/경남 성형정보방 공지사항 목록, 부산지역 성형외과 관련 게시물(20건) 내용, 위장쪽지(15건) 내용, 답 장쪽지(4건), 답장쪽지(4부), P카폐에 게시된 댓글 출력물, N카페에 올린 수술후기 출력물, P, N, 쭉빵카페에 게시한 게시물 목록 출력물, N 작업글 아이디 등이 기재된 서류, 작업글 작성요령이 기재된 메모, S에서 M 측과 주고받은 카카오톡 대화내용 출력물

Application of Statutes

1. Relevant legal principles concerning facts constituting the crime;

Articles 89 and 56(2)2 of the Medical Service Act, Article 30 (Overall Control) of the Criminal Act

1. Selection of punishment;

A. Defendant A and I: Determination of imprisonment

B. Defendant B, C, D, E, F, G, and H: Selection of a fine

1. Detention in a workhouse (Defendant B, C, D, E, F, G, and H);

Articles 70(1) and 69(2) of the Criminal Act

1. Suspension of execution (Defendant A, I);

Article 62(1) of the Criminal Act (see Article 62(1)

1. Social service order (defendant A and ID);

Article 62-2 of the Criminal Act

For the reason of sentencing, each of the crimes of this case committed an advertising agency business by inviting the Defendants and the Defendants, who are sexual surgery doctors, to engage in the advertisement, and posted the advertising materials prepared as if the patient was directly prepared in the treatment experience book, and introduce the comments to the consumers who seem to have an interest in systematically carrying out comments and the number of inquiries into the relevant bulletin board, etc., which is prohibited by the Medical Service Act.

In the case of sex-related information, the dependence on the information obtained through online community, such as carpets, is high in consideration of today's reality after being admitted through friendships or scriptives, etc., it is necessary to impose strict liability if so-called so-called "long-term marketing" is conducted in an unlawful way, such as each of the crimes in this case, in order to protect consumers from distorted information and to promote fair competition in sex-based medical services.

In light of the aforementioned circumstances, the aforementioned Defendants’ age, character and conduct, intelligence and environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, the sentence as ordered shall be determined by comprehensively taking into account the various circumstances that form the conditions for the sentencing as

Judges Cho Jong-soo