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(영문) 의정부지방법원 고양지원 2020.05.07 2019고단3541
의료법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. No person who violates the Medical Service Act shall establish a massage place;

From November 2018 to October 21, 2019, the Defendant, who was not a massage club, employed the Da, E, and F, who is not qualified as a massage club, as an employee, and had the said employee perform massage against customers, thereby establishing a massage clinic.

2. No foreigner who has no status of sojourn eligible for employment activities in violation of the Immigration Control Act shall be employed;

The Defendant employed Thai State D, E, and F who did not have the status of stay to engage in job-seeking activities under the condition that one million won is paid each month in the “C” under paragraph (1) of this Article.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol on the accused, D, E, or F;

1. Application of Acts and subordinate statutes on the current status of entry and departure for each of the employees of the accused;

1. Article 87(2)2, Article 82(3), and Article 33(2)1 of the former Medical Service Act (Amended by Act No. 1655, Aug. 27, 2019); Article 94 subparag. 9, and Article 18(3) of the Immigration Act; Articles 18(3) of the Immigration Control Act; the choice of imprisonment for a crime;

1. Of concurrent crimes, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes are as follows: (a) a fine of 4 million won is imposed on May 22, 2013; (b) a fine of 7 million won is imposed on October 14, 2015; (c) a violation of the Immigration Control Act on April 21, 2016; (d) a term of imprisonment for a violation of the Immigration Control Act on April 21, 2016; (d) a term of imprisonment for a violation of the Immigration Control Act; and (e) a term of 6 months as a term of imprisonment for a violation of the Immigration Control Act; and (e) a term of 2 years as a term of probation; and (e) a criminal defendant again commits the same crime despite the fact that

However, this case is a means for the defendant to maintain his livelihood with the exception of crimes committed in connection with the operation of a massage place.

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