A defendant shall be punished by imprisonment with prison labor for a year and a fine of two million won.

However, the above imprisonment for a period of two years from the date this judgment became final and conclusive.

Criminal facts

No person, other than an oriental medical doctor, shall engage in oriental medical treatment as a business for profit.

Nevertheless, on January 21, 2017, the Defendant, without a herb doctor’s license, placed a banner of "E" in operation of "E" in Busan Ydong C Apartment C Apartment 203 around January 21, 2017, installed a counseling room and a bedroom in the above D and installed a steering price list in the above D, and received a total of KRW 180,000 from March 30, 2017, with three types of such policy (3cm/breadth, 0.25m in length, 6cm/breadth, 0.25m in length, 12cm/breadth, 0.30m in length), 12cm in length (0.8m in length), breadth, and 49m in total, as shown in the list of crimes, from the time when he/she received KRW 100,000 in return, and received the total of KRW 181,000 from March 30, 2017.

As a result, the defendant was engaged in oriental medicine for profit-making purposes by a person other than oriental medicine doctors.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning G and F;

1. Police seizure records;

1. Investigation reports ( Results of replies to inquiries and answers on health and welfare, verification of unlicensed medical practice), and replies to inquiries;

1. A copy of a set or pocket book;

1. Application of Acts and subordinate statutes to field photographs and seized objects;

1. Article 5 subparagraph 3 of the Act on Special Measures for the Control of Public Health Crimes in relation to the relevant facts constituting a crime, Article 27 (1) of the Medical Service Act (in all cases, referring to choice of imprisonment with labor for a limited term and the concurrent imposition of fines);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances considered in favor of the reasons for sentencing);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) of the Criminal Act (wholly considering the favorable circumstances) of the suspended execution;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of applicable sentences under law: Imprisonment for not less than one year, and a fine of not less than 500,000 won to five million won; and

2. The two types (business non-license) of the recommended sentencing criteria for imprisonment, the scope of the punishment [type], and the illegal medical acts involving food and health;