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(영문) 수원지방법원 2017.11.30 2017고정2596
의료법위반
Text

Defendant

A shall be punished by a fine of KRW 3 million, by a fine of KRW 500,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A is the owner of the marina business in Suwon-si, Suwon-si D 413 "E", and Defendant B and Defendant C are the employees who work as the head office in the Dong-si.

1. No person who is a defendant A shall engage in massage for profit without obtaining his/her qualification as a massage club from the Mayor/Do Governor;

Nevertheless, from March 2, 2017 to June 15:00, 2017, the Defendant employed Defendant B and C who is not a visual disabled person and thus cannot be qualified as a massageman, and had the customer who found the said business receive KRW 70,000 to KRW 120,00,000 at the expense of marina, and had the customer who found the said business receive KRW 70,000 from 70,000 to 15:00,000.

2. Although Defendant B and C worked as an employee of the above business establishment and did not obtain a massage license from the competent Mayor/Do governor, the Defendants, at the same time and place of control, performed an act without qualification by taking custody of telegraph against unspecified customers by hand.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each written statement of customers;

1. Application of Acts and subordinate statutes governing enforcement site photographs;

1. Relevant legal provisions concerning criminal facts;

(a) Defendant A: Article 91, Article 88 subparag. 3, and Article 82(1) of the Medical Service Act;

(b) Defendant B and C: Article 88 subparag. 3 and Article 82 subparag. 1 of the Medical Service Act

1. Defendant B and C: Selection of a fine for negligence;

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

1. Article 334 (1) of the Criminal Procedure Act, applicable to the order of provisional payment;

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