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(영문) 의정부지방법원 고양지원 2020.04.17 2020고정130
의료법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person who has not been recognized as qualified as a massage operator shall establish a massage treatment establishment.

The Defendant, without obtaining recognition of the qualification as a massage, employed employees who were not aware of the name “D” under the trade name, from May 1, 2019 to November 29, 2019, and had the said employees receive 35,000 won per hour from customers.

As a result, the Defendant established a massage place without obtaining recognition of qualification as a massage.

Summary of Evidence

1. Defendant's legal statement;

1. Police statements of E;

1. Credit card receipts, business registration certificates (D, F);

1. Application of statutes on site photographs;

1. Article 87-2 (2) 2, Article 82 (3), and Article 33 (2) 1 of the Medical Service Act concerning the relevant criminal facts, the selection of fines, and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. Scope of punishment by law: A fine not exceeding 50 million won;

2. Application of the sentencing criteria: The sentencing criteria shall not apply as the person selects a fine.

3. Although the period of establishment of a place of massage operation is not shorter than the period of sentence determination, the fact that the defendant states that the defendant is aware of and reflects the facts charged, considering the circumstances favorable to the defendant, the defendant’s age, character and conduct, health status, family relationship, means and result of the crime, etc., the punishment shall be determined as ordered by taking into account the various sentencing conditions indicated in the arguments of this case, such as the defendant’s age

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