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(영문) 서울중앙지방법원 2017.10.12 2017고단5369

의료법위반등

Text

Defendant

A Imprisonment of eight months, Defendant B shall be punished by a fine of one million won, Defendant C and D by a fine of five million won, respectively.

Reasons

Punishment of the crime

1. Defendant A is the “business owner” who operates a business establishment that operates a business destination with the trade name of “G” and “H” by employing a female born in Korea.

(a) No person who violates the Medical Service Act shall open a massage place unless he/she is a massage doctor;

Nevertheless, from June 13, 2016 to March 13, 2017, the Defendant, without qualification, placed an office in the name of “G” in Seoul, Gangnam-gu I 401, and Seoul Gangnam-gu JB 01 in the name of “H” in the name of “J” in Seoul, and employed seven mar women, such as K and L, who are not qualified as a massage.

In addition, through the Internet, advertisements, such as “Frist Marina, 24 hours off the 70,000 won (90 minutes), 70,000 won (90 minutes) and 80,000 won (90 minutes) of Aromamasta,” were placed on the Internet, and, at the time of an unspecified customer’s phone call, D et al. al. al. up to the customer’s place, and caused them to receive 7-120,000 won for each course by using the head and body of the customer by means of pressure, etc.

As a result, the Defendant opened a massage place without a massage doctor.

B. The Defendant violated the Immigration Control Act, as set out in the preceding paragraph, employed Thai Women K, who did not have any adequate status of sojourn to be employed as a business trip-free relationship with a person eligible for visa exemption, from January 6, 2017 to February 24, 2017, and L, from March 12, 2017 to March 13, 2017, respectively, on condition that he shall pay a monthly wage of KRW 1.5 million and allowances, etc.

As a result, the defendant employed foreigners who do not have a legitimate status of stay for employment.

2. The Defendant B from June 13, 2016 to February 24, 2017

1. (a) In the context of subsection (a)(G) and “H”, where unspecified customers report and communicate to the Marina advertising, the crime is easy by means of burning Thailand, Women K, etc. to the customers and burning, etc.

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