A defendant shall be punished by imprisonment for a year and a fine of KRW 1,00,000.

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

Punishment of the crime

The defendant is a person who manufactures processed food from extraction in his/her trade name in Nam-gu, Nam-gu, Seoul, and no person, other than oriental medical doctors, shall engage in oriental medicine as a business.

Despite the fact that the Defendant is not an oriental medical doctor, from around 2012 to November 6, 2015, the Defendant was engaged in an unlicensed oriental medical service business by providing her name-free patients who find the place in D from around 2012 to receive KRW 10,000 per month from KRW 5,00 per time, and by receiving KRW 10,000 from KRW 5,000 per month.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Police seizure records;

1. Application of the Acts and subordinate statutes of accusation;

1. Article 5 subparagraph 3 of the Act on Special Measures for the Control of Public Health Crimes under the relevant Act, Article 27 of the Medical Service Act (Selection of Term Imprisonment)

1. Article 53 and Article 55 (1) 3 and 6 of the Criminal Act to mitigate small amount;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;

1. Reasons for sentencing under Articles 48(1)1 and 48(1)2 of the Confiscation Criminal Act / [Determination of the type] 2 types of illegal medical acts (business-free medical acts) / [Special Sentencing / Where the element of mitigation itself is objectively dangerous or treatment effects are shown, [decision on the territory of recommendation] mitigated area / [the scope of recommendation] one year to two years [the scope of general sentencing] - there is no history of the serious anti-criminal punishment where prior consent was given by the patient on the part of the patient being mitigated [the scope of punishment] applicable law / Article 5 of the Act on Special Measures for the Control of Public Health Crimes: Two years or more, life [whether suspended sentence] - Major reasons for consideration: In cases where the criminal act conducted at the patient’s active request is impossible or very difficult in modern medical treatment, there is no history of criminal punishment [the Supreme Court Decision].