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(영문) 수원지방법원 2019.06.05 2019고단1820

출입국관리법위반등

Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

[Basic Facts] The Defendant is a person who operates a marina business with the trade name “D” in Osan City B and C.

【Criminal Facts】

1. The Defendant violated the Immigration Control Act, from January 29, 2019 to March 10, 2019, employed a person who did not have a legitimate status of stay by employing E, F, and G, which is an illegal stay State that cannot engage in simple labor activities, and allowing many unspecified customers to engage in drinking, etc.

2. No person who violates the Medical Service Act shall engage in massage for profit without obtaining a recognition of qualification as a inseminator;

Nevertheless, the Defendant operated the said marina shop from January 29, 2019 to March 10, 2019, employed three persons, namely, E, etc., who were born with illegal stay, for which the qualification as a massage club was not recognized, and engaged in an act of massage for profit-making purposes by allowing a large number of unspecified customers to take part in a telegraph, such as a shoulder, light, boom, and boom, by receiving the fee for massage from a large number of unspecified customers.

Summary of Evidence

1. Defendant's legal statement;

1. Each written confirmation;

1. Report (Violation of the Medical Service Act), investigation report (including price list of marina business establishments), investigation report (E, F, and G disease);

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 94 Subparag. 9 of the Immigration Control Act and Article 18 (3) of the Immigration Control Act (the point of employing foreigners who do not hold a stay status) regarding facts constituting an offense, the choice of punishment, and Articles 91, 88 Subparag. 3, and 82 (1) of the Medical Service Act (the point of conducting massage treatments for non-qualified profit-making purposes of employees);

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. The sentencing conditions indicated in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, under Article 334(1) of the Criminal Procedure Act, of the provisional payment order, shall be determined as ordered by taking into account the following circumstances:

Unfavorable circumstances - illegal.