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(영문) 대구지방법원 서부지원 2016.11.18 2016고정516

의료법위반등

Text

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

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

1. Defendant A violated the Medical Service Act: (a) from March 31, 2015 to around 4, 2015, was equipped with eight facilities, such as marina rooms, the trade name of “E”, and (b) was employed by an unqualified massageman F, etc.; (c) Defendant B, as a private village partner of Defendant A, is a person who operates the said establishment together with Defendant A; (d) Defendant A, as a foreign woman of Thailand’s nationality, was employed by the Defendants and was paid monthly salary of KRW 1.5 million and KRW 1.5 million according to the number of customers and was disqualified.

No person, other than a medical person, shall engage in medical practice, and engage in massage and massage business for profit without obtaining the recognition of qualification as a massage club from the Mayor/Do Governor.

Nevertheless, on April 1, 2015, Defendants and F received KRW 50,000 from customers G who found the said “E” from around 23:00, and the Defendants informed the said G as a marina room, and F performed an act in a manner that makes it possible for the Defendants to feel fright by using hand and arms frying the frys of the said G to feel frightly frightly frighten.

Accordingly, the Defendants conspired with F in collusion with F to engage in massage for profit-making purposes.

2. If an alien who has violated the Immigration Control Act intends to find a job in the Republic of Korea, he/she shall obtain the status of stay eligible for employment activities, as prescribed by Presidential Decree, and no one shall employ any foreigner who has no status of stay eligible for employment activities, as prescribed by

Nevertheless, the Defendants, while operating the “E” as set forth in the foregoing Paragraph 1, employed F, who did not have the status of stay to engage in job-seeking activities after entering the country as a visa exemption (B-1) around April 1, 2015.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police interrogation protocol concerning F and G;

1. The police statement of H;

1. Information on crimes reported through internal investigation.