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(영문) 서울동부지방법원 2017.06.15 2017고단1069
의료법위반
Text

Defendants shall be punished by imprisonment for eight months.

However, the Defendants are above two years from the date of this judgment.

Reasons

Punishment of the crime

Defendant

B A is a person who operates the “F Maz.” on the second floor of the Etel commercial building in etel, and the Defendant A is a person who has been in charge of the operation and management of the business as an employee who has served as a customer in the Kabter in accordance with the direction of B, provides guidance on the course, and provides information on the fee, etc.

Marine shall be recognized as qualified by the competent agency, among visual persons with disabilities, by a person who satisfies specific requirements, and a person who has not obtained such recognition shall not be allowed to engage in massage for profit.

Nevertheless, from April 18, 2016 to May 9, 2016, the Defendants employed G and H as a female employee of the said business place with the facilities such as 7 marina rooms, 2 shower rooms, and accommodation, G and H, etc. who did not obtain recognition of qualifications for massage companies, as a female employee of the said business place. After receiving 80,000 won from the said business place from the customers who found the said business place, the Defendants made use of their hand and blus, and caused them to be sacon, sacon, sacon, or sacon, etc. by taking advantage of their hand and blus.

As a result, the Defendants conspired with G and H for the purpose of profit-making without obtaining recognition of qualifications for massage.

Summary of Evidence

1. Defendants’ legal statement

1. A protocol concerning the examination of suspect of the police against G or H;

1. Statement made by the police to I, J and K;

1. An investigation report (the details of sales), an investigation report (the L phone call for a witness), an investigation report (the results of execution of a warrant of search and seizure), and an investigation report (the FM sales specified);

1. Contract for commercial lease, business registration certificate, contract for sublease of real estate, details of sales;

1. Application of statutes on site photographs;

1. The Defendants: Articles 88 and 82(1) of the former Medical Service Act (Amended by Act No. 13599, Dec. 22, 2015); Article 30 of the Criminal Act (Options of imprisonment)

1. Defendants on probation: The grounds for sentencing of Article 62(1) of the Criminal Act; the size and business period of the place of the massage practice in this case; and the Defendants.

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