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(영문) 서울동부지방법원 2019.09.24 2019고정752

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

The Defendant is a person who operates a marina business with the trade name of the second floor and the third floor of the building in Gyeonggi-ri City B.

1. No person, other than a massage accredited accredited for violating the Medical Service Act, shall open a massage place or massage place;

Despite the fact that the Defendant is not a massage, the Defendant installed a massage room, shower room, waiting room, etc. in the above business establishment from the early April 2019 to April 11, 2019, and had D of the nationality of the Thailand and E enjoy the body of an unspecified number of customers who found the place in bad faith, and opened a massage place by receiving KRW 30,000 per hour from customers, or KRW 40,000 per hour from customers under the pretext of massage, and established a massage place.

2. No person who violates the Immigration Control Act shall employ any foreigner who has no status of sojourn eligible for employment activities;

Nevertheless, the Defendant employed the Defendant on April 2019 to April 11, 2019 on condition that he would not have the status of stay that he would engage in job-seeking activities in the said establishment, and that he would be 150,000 won and 10% of the 1.5 million won and 1.5% of the allowance for marina land during one month.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol against D, E, or F;

1. Attachment -G simplified statements, attachment - On-site control photographs;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of Written Complaint);

1. Article 87 (1) 2, Article 82 (3), and Article 33 (2) 1 of the Medical Service Act (including the operation of an office without qualification and the operation of an office without qualification), Article 94 subparagraph 9 of the Immigration Control Act, Article 18 (3) of the Immigration Control Act (the employment of foreigners who have no status of sojourn for employment activities), the selection of each fine for a crime;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;