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(영문) 의정부지방법원 2018.05.31 2018고정519

출입국관리법위반등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 12, 2017, the Defendant was sentenced to one year to imprisonment with prison labor for a violation of the Immigration Control Act at the Goyang Branch of the District Court, and the judgment became final and conclusive on February 6, 2018.

The Defendant is a business owner who operates the “C” in Seoan-gu, Seoan-gu, Seoan-si, and D is an employee of the said “C”.

1. A person violating the Immigration Control Act shall not employ a foreigner who does not have the status of sojourn eligible for employment activities, but the Defendant, from March 18, 2017 to August 13, 2017, employed a mother Party E, who did not have the status of sojourn eligible for employment activities at the said C, as a marina branch, on condition that the Defendant would pay KRW 1.5 million per month’s basic salary and KRW 500,000 per hour.

2. A marina in violation of the Medical Service Act shall obtain qualification recognition from the Mayor/Do Governor from among persons with visual disabilities under the Welfare of Persons with Disabilities Act, and shall not establish a massage place unless he/she is a massage doctor;

Nevertheless, from November 201 to August 13, 2017, the Defendant and D, without qualification as a massage company, have five rooms and five separate studs, etc. in the above “C” business establishment, and employed the above E, and had the said women perform the massage operation by means of writing or singing telegraph using hand and arms, etc., receiving a fee of 60,000 won per hour from an unspecified customer and receiving a fee of 60,000 won per hour.

As a result, the Defendant established a massage place in collusion with D even though he is not a massage doctor.

Summary of Evidence

1. Statement by the defendant in court;

1. Arrest report of occurrence of the case, information on the identity of a short-term alien staying in the Republic of Korea, writing of DNA preparation, the list of 112 reported cases processing, on-site photographs, records of suspect interrogation of each police officer with respect to E and D, telephone conversations -A identification;

1. Application of an inquiry letter, such as criminal history, and reporting on the result of confirmation before and after the disposition;

1. Article 94 subparagraph 9 of the relevant Act of criminal facts and Article 18 (3) of the Immigration Control Act (no status of stay shall be granted);

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