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(영문) 인천지방법원 2019.06.28 2019고정1193
의료법위반등
Text

Defendant shall be punished by a fine of three 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 massage place in the trade name of “C” from the 6th floor of Seo-gu Incheon Metropolitan City.

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

Nevertheless, around February 2019, the Defendant employed a foreigner D (n, 23 years of age, and 2-1) of the nationality of Thailand who does not have the status of sojourn eligible for job-seeking activities at the place of massage (C), and employed a foreigner E (n, 28 years of age, and 2-1) of the nationality of Thailand who does not have the status of sojourn eligible for job-seeking activities around March 2019.

2. No person who is not accredited as a massage operator for a violation of the Medical Service Act shall open a massage place;

Nevertheless, on February 20, 2019, the Defendant did not obtain recognition of a massage club, and opened a massage clinic with the trade name, “C,” which allows a disqualified marina office to take the part of customers by hand to take the custody of their telegraphs.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of D or E;

1. Photographss and photographs of the suspect;

1. The head of an accusation against the Immigration Office;

1. Application of Acts and subordinate statutes for investigation reports (the time of entry into the Republic of Korea and confirmation of status of sojourn);

1. Relevant Article of the Act on Criminal Facts, Articles 87 (1) 2, 82 (3), 33 (2) of the Medical Service Act for the Selection of Punishment (the establishment of an office for performing massage services, the selection of fines), Article 94 subparagraph 9 of the Immigration Control Act, and Article 18 (3) of the Immigration Control Act (the occupation of an office for persons staying in office without qualification, the selection of fines);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act among concurrent crimes (within the scope of adding up the maximum amount of the crimes above two crimes with the punishment imposed for a violation of the Medical Service Act which is heavier than the punishment)

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that the defendant is punished for the same crime.

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