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(영문) 서울중앙지방법원 2017.01.19 2016고단8412

의료법위반등

Text

[Defendant A]

1. The defendant shall be punished by imprisonment for one year;

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[criminal history] On April 2, 2010, Defendant B was sentenced to six years of imprisonment for a crime of violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims Thereof at the Jeonju District Branch of the Gwangju High Court on April 2, 201 and completed the execution of the sentence on October 28, 2015.

[Criminal facts]

1. If a foreigner violating the Immigration Control Act intends to find a job in the Republic of Korea, he/she shall obtain the status of sojourn eligible for employment, and no person shall employ any person who has no such status of sojourn as above;

Nevertheless, the Defendants, along with F, G, H, I, etc., entered the Republic of Korea from around July 2016 to October 27, 2016 to F, K, L, M, N,O, etc., as shown in the list of crimes in the attached Form of crimes, and employed the Republic of Korea as a foreigner of Thailand whose period of stay expires.

2. No person who violates the Medical Service Act shall open a massage place or engage in massage conduct unless he/she has obtained certification of his/her qualification;

Nevertheless, the Defendants, along with F, G, H, I, etc., operated a business trip destination business under the trade name of “P” from Jun. 2016 to Oct. 27, 2016. The Defendants, who reported the leaflet and contacted with Q et al., did not obtain certification as a massage club qualification at the place at which many unspecified customers request, such as Q, etc., and operated a mobile massage clinic by having the saidJ et al. take the body of many unspecified customers, such as Q et al. as well as by taking the 80,000 won per customer, and by having the saidJ et al. take the place in which they received the body of a large number of unspecified customers, such as the above Q et al.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each protocol concerning the examination of a police officer in relation to J, M, F, K, N,O, L, or G;

1. Name cards for advertisements;

1. CCTV photographs;

1. Each and existing evidence referred to in subparagraphs 3 through 31;

1. Records of judgment: Inquiry into criminal records (B) and application of Acts and subordinate statutes on the status of personal confinement;

1. Article 94 subparagraph 9 of the Immigration Control Act and Article 18 of the same Act concerning facts constituting an offense;