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(영문) 인천지방법원 2016.06.24 2016고단2767
보건범죄단속에관한특별조치법위반(부정의료업자)
Text

Defendant

A and B shall be punished by imprisonment for one year and by a fine of 1,00,000 won.

Defendant

A and B shall not pay the above fine.

Reasons

Punishment of the crime

No person who is not a doctor shall engage in medical practice for profit-making purposes.

Defendant

From January 2015, A and B have been equipped with the 501 door-to-door D Building No. 501 of Seoul, Nam-gu, Incheon. Defendant B provided the place of the door-to-door treatment and received 40% of the profits from introducing customers. Defendant A jointly operated the door-to-door treatment with the trade name called “E” by having the place of the door-to-door treatment and bear half of the rent, and Defendant C conspired to receive the door-to-door treatment from March 2016 to receive the door-to-door treatment and directly.

Defendant

A and B around January 18, 2015, from around April 18, 2016, provided the place of a door-to-door surgery and introduced customers. Defendant A provided a door-to-door surgery to the body of customers and provided a door-to-door surgery, and provided a door-to-door surgery by inserting the shape desired for customers by using door-to-door machines, and then received approximately KRW 500,000,00 won on an average monthly basis to seven persons, and Defendant C received approximately KRW 2.5 million from March 17, 2016 to April 18, 2016. Defendant C assisted Defendant A’s door-to-door surgery and received KRW 10,000,000 from F in the above manner to find the door-to-door surgery around 22:00 on March 17, 2016.

As a result, the Defendants conspired to engage in medical practice for commercial purposes.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police with regard to F;

1. Application of the text, photo, on-site photographing statutes;

1. Relevant Article 5 subparagraph 1 of the Act on Special Measures for the Control of Public Health Crimes, Article 27 (1) of the Medical Service Act, Article 30 of the Criminal Act (the concurrent imposition of imprisonment with labor for a period of time and fines).

1. Small-scale mitigated Defendants: Articles 53, 55(1)3, and 6 of the Criminal Act (the following sentencing).

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