Defendant

A Imprisonment of one year and two months and fine of 4,00,000 won, Defendant B’s imprisonment of eight months and fine of 1,50,000 won, respectively.

Punishment of the crime

Defendant

B From June 5, 2015, a person who operates the Health Center in the name of “E” in Daegu-gu D.

1. 피고인 A 피고인 A은 한의사가 아님에도, 위 B으로부터 손님들을 상대로 침, 뜸, 부황 등의 치료를 할 용도로 위 건강원의 내부 공간을 무상으로 제공받아 2015. 6. 9. 경 F을 상대로, 침, 뜸, 부황 등의 시술을 해 주고 20,000원을 대가로 수령한 것을 비롯하여, 그 때부터 2015. 11. 5. 경까지 별지 범죄 일람표 기재와 같이 총 279회에 걸쳐 손님들을 상대로 합계 847만 원 상당의 대가를 받고 장 침, 쑥뜸, 사 혈침, 전 침 기, 부 황기 등을 이용하여 침, 뜸, 부황 등의 시술을 하였다.

Accordingly, even if the defendant is not an oriental medical doctor, the defendant was engaged in oriental medical treatments for profit.

2. Defendant B, despite being aware that the above medical doctor was engaged in an oriental medical practice against customers in return for consideration, he/she provided the above internal space of the health center that he/she operated from June 9, 2015 to November 5, 2015, and entered and managed the details of the above A’s surgery (patient name, content, characteristics of the procedure, and expenses for the procedure) in an account book, thereby facilitating the above Defendant B, as described in paragraph 1, to receive a total amount of KRW 8,470,00 from customers over 279 times in return for consideration, and to receive a total of KRW 8,470,000,00,000 from around June 9, 2015 to around November 5, 2015.

Accordingly, even though the above defendant was not an oriental medical doctor, the defendant assisted the above defendant to engage in a profit-making business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police in relation to G;

1. Each statement of H and I;

1. Police seizure records;

1. Each internal investigation report (the confirmation of internal investigation, etc. of the E address, the verification of medical practice without a license), and each investigation report (the attachment of seized articles and photographs of the site conditions);

1. Application of statutes on copies of books;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;