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(영문) 서울중앙지방법원 2014.10.10 2014고정2612

의료법위반등

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who operates a business entity, i.e., one-time travel destination, along with the latter C, etc.

1. 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, and no person shall employ any person who has no such status of sojourn as above;

The Defendant conspiredd with the above C, etc. from May 2013 to May 29, 2013, the Defendant entered the Republic of Korea as a tourism visa (B1) at Seoul House of Seoul, and employed D, E, etc., a foreigner of the mother’s nationality, the period of stay of which expires, as a massage, on June 11, 2011 and November 26, 201.

2. No person who violates the Medical Service Act shall open a massage place or engage in massage conduct for profit without obtaining certification of qualification as a massage theater;

The Defendant, in collusion with the above C, employed the said E, D, etc. who did not obtain qualification certification as a massage club without being qualified as a massage club at the same place as in the preceding paragraph, and caused them to engage in massage by finding out customers whose name cannot be known, such as having a person in charge of telegraph, enjoying a successful bid and blood transfusion, etc., and operated a mobile massage clinic by receiving approximately KRW 80,000 won per customer under the pretext of massage.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect C by the prosecution;

1. Each police statement of C, E, and D;

1. C’s statement;

1. A copy of passport (E, D);

1. Application of Acts and subordinate statutes on site photographs and business account books;

1. Article 94 Subparag. 9 and Article 18(3) of the former Immigration Control Act (Amended by Act No. 12195, Jan. 7, 2014); Articles 87(1)2, 82(3), and 33(2) of the Medical Service Act; the choice 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;