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(영문) 창원지방법원 2013.10.22 2013고단1456

의료법위반등

Text

A defendant shall be punished by imprisonment for six months and by a fine of thirty thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. The Defendant in violation of the Immigration Control Act completed business registration on July 29, 2009, and operated a marina business with the trade name “D” from August 1, 2009 to July 7, 2009, and operated a marina business with the trade name “D” on the seventh floor of the Changwon-si Office, and, from September 17, 2010 to February 13, 2013, the Defendant employed Thai women who did not have the status of sojourn eligible for employment in the Republic of Korea as employees, and had them know many unspecified customers at the said business.

2. The Defendant in violation of the Medical Service Act employed the said “D” from September 17, 2010 to February 13, 2013, and had the said “D” employ the said “E, F, G, H, and I, and had them promote the circulation of blood against customers under his/her name by means of shouldering, arms, legs, hand, knicking, taking charge of, or taking part in, cutting down, etc., and, in return, engaged in an act of massage for profit-making purposes, such as collecting from KRW 50,00 to KRW 130,000,000.

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 against an immigration offender;

1. Application of the business registration certificate and the current status of daily sales statutes;

1. Article 94 Subparag. 9 of the Immigration Control Act, Article 18 (3) of the Immigration Control Act (the occupation of employing an unqualified foreigner, the occupation of imprisonment with labor), Articles 91, 88, and 82 (1) of the Medical Service Act (the occupation of an unqualified foreigner) concerning facts constituting an offense;

1. The former part of Article 37 and Article 38 (1) 3 of the Criminal Act for the punishment of concurrent crimes;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Social service order under Article 62-2 of the Criminal Act;

1. The criminal defendant who has had the record of three-time notification disposition and punishment for a single fine due to the same kind of crime with the same reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order repeatedly commits the same crime, but is not liable for the crime of this case, the time when the crime of this case is committed, and it exceeds the fine.