Defendant shall be punished by imprisonment for one year and a fine of 2,00,000 won.

When the defendant does not pay the above fine.

Punishment of the crime

The defendant is a person who operates a spathic source with the trade name "D" in the Gangnam-gu Seoul Metropolitan City, and a person who is not a herb doctor shall not engage in oriental medicine for profit-making purposes.

Nevertheless, the Defendant, without obtaining an oriental medical doctor’s license from the Minister of Health and Welfare from July 2010 to October 26, 2012, prepared a patient waiting room and a place of practice in the above D, 15 square meters, equipped with five beds and various bedclothess, etc. in the place of practice on March 21, 2012; provided 10,000 won with 10,000 won with 10,50,000 won per month, from the patient suffering from the place of practice.

Accordingly, even though the defendant is not a herb doctor, the defendant was engaged in oriental medicine for profit.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Each investigation report by the prosecution and the police;

1. Application of the Acts and subordinate statutes to each photograph (for example, pen page, etc.);

1. Article 2 subparagraph 3 of the Act on Special Measures for the Control of Specific Crimes and Health Crimes; Article 27 of the Medical Service Act (Overall Control);

1. Article 53, Article 55(1)3, and Article 55(1)6 of the Criminal Act for discretionary mitigation (see, e.g., “reasons for suspension of execution of sentence”).

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (which shall be considered as a form of penance, reflective behavior, crime of living style, which has no record of punishment heavier than that of suspension of execution, and all other circumstances, such as the age, character and conduct, intelligence and environment, etc.

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.