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(영문) 의정부지방법원 2013.09.12 2013고정1891
의료법위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 4,000,000, and by a fine of KRW 1,000,000.

The above fines are imposed by the Defendants.

Reasons

Criminal facts

1. Although Defendant A was unable to establish a massage treatment facility, Defendant A, without qualification, was equipped with facilities to perform massage, such as 4 rooms, each room, and sprinks, from around September 201 to April 23:20, 2013, with which Defendant A operated a massage treatment facility by employing Defendant B, an employee, etc., for one time from customers who found the said place of business and allowing them to perform massage, without qualification, from around September 201 to around April 23:20, 201.

2. Although Defendant B was prohibited from having a massage for profit without having obtained the recognition of a massage club from the competent authority, Defendant B, without having obtained the recognition of a massage club, had Defendant B received KRW 90,000 from customers E on April 1, 2013 and performed a massage surgery for profit.

Summary of Evidence

1. Defendants’ respective legal statements

1. E statements;

1. A report on detection of business places in violation of the Medical Service Act and a copy of the control report;

1. Application of statutes on site photographs;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 87(1)2, Article 82(3), and Article 33(2) of the Medical Service Act; the selection of fines

B. Defendant B: Articles 88 and 82(1) of the Medical Service Act; selection of fines

1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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