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(영문) 인천지방법원 2016.11.18 2016고단5719

의료법위반등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A person who is not qualified as a massager for violating the Medical Service Act shall not establish a massage place or massage place;

From January 25, 2016 to April 29, 2016, the Defendant: (a) had three accommodations in the shower room, kitchen room, mastum room, and mastum room; (b) had three accommodations as the manager of the business; (c) employed E as the manager of the business; (d) F, G, H, and I, who is a woman of the mother country who is not qualified as a massage; and (d) established a massage place by taking advantage of his hand and spact against unspecified customers, who find the business as a marina; and (e) establishing a massage place by taking advantage of his hand and spact against them.

2. When 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 activities, and shall not employ any foreigner who has no qualification to engage in employment activities;

Nevertheless, on April 12, 2016, from around April 29, 2016 to April 29, 2016, the Defendant employed a foreigner F of Thailand’s nationality with no status of sojourn eligible for employment, as a condition to additionally pay 10% of the total amount of 1.5 million won, as well as four foreigners of Thailand’s nationality who do not have status of sojourn as shown in the attached list of crimes, as the same condition.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of E, F, G, H, and I;

1. A written accusation;

1. Application of Acts and subordinate statutes concerning internal investigation reports (with regard to control details) and daily bookkeeping kept by a camera;

1. Article 87 (1) 2, Article 82 (3), and Article 33 (2) 1 of the Medical Service Act (the establishment of a massage practice establishment, imprisonment selection) on criminal facts, and Articles 94 subparagraph 9 and 18 (3) of the Immigration Control Act (the occupation of employment of a person who has no status of stay, and choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution;