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(영문) 대전지방법원 2019.01.22 2018고정329

출입국관리법위반등

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who, around October 28, 2017, employs Seo-gu building B, Daejeon, and subparagraph C, and operates E with five rooms and one bathing room with the nationality D of the Thailand.

Marine shall be accredited to the Mayor/Do Governor from among visually impaired persons under the Act on Welfare of Persons with Disabilities, and shall not be allowed to massage for profit without obtaining the qualification of Marine.

Nevertheless, on November 1, 2017, the Defendant received 60,000 won from 50 male descendants on his name and received 60,000 won from 1. 08:30 on November 1, 2017, and took charge of or collected telegraphs, and performed massage for profit-making purposes in relation to Defendant’s business.

Summary of Evidence

1. Defendant's legal statement;

1. E on-site photographs;

1. Application of Acts and subordinate statutes concerning the examination of suspects to the accused;

1. Relevant Article of the Criminal Act and Articles 91, 88 subparagraph 3, and 82 (1) of the Medical Service Act for the selection of punishment for the crime (the employee's awareness of qualification for profit-making and the selection of fines);

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

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act (the part concerning the violation of the Immigration Control Act);

1. The summary of the facts charged shall not employ any foreigner having no status of sojourn eligible for employment activities;

The Defendant, around October 28, 2017, entered the Seo-gu Daejeon building, and the Defendant’s Da on March 24, 2017, for tourism purposes, entered the Seo-gu building and sojourn until June 22, 2017, and paid 1.5 million won per month the nationality D of the Thailand, which does not have the status of stay to engage in job-seeking activities, to be employed as a massage and engaged in massage business.

As a result, the defendant employed a foreigner who does not have the status of sojourn eligible for employment activities.

2. Each flagrant offender arrest letter, confirmation document, and police interrogation protocol that correspond to the facts charged that the defendant employed a foreign worker (D) who has no status of sojourn.