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(영문) 서울중앙지방법원 2018.11.22 2018고단5437
출입국관리법위반등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates a marina business in the Thailand called "C" in Gangnam-gu Seoul Metropolitan Government B and 3.

1. No person who violates the Immigration Control Act shall employ any foreigner without the status of sojourn eligible for employment activities;

From January 4, 2018 to March 15, 2018, the Defendant employed a female of Thailand with no status of sojourn eligible for employment as an employee of the Defendant’s “C” under the condition that he/she would pay KRW 1.5 million per month basic monthly salary and KRW 4,000-6,000 per customer (an amount equivalent to KRW 200-2.5 million per month) as an allowance (an amount equivalent to KRW 200-2.5 million per month) from January 4, 2018 to March 15, 2018, the Defendant employed 11 female of Thailand with no status of sojourn eligible for employment as described in the list of crimes in the attached Form, as an employee of the above “C” operated by the Defendant.

2. No one, other than a massage club accredited accredited for having violated the Medical Service Act, may open a place for massage practice or massage practice;

Despite the fact that the Defendant is not a massage doctor, the Defendant installed a massage clinic from March 2017 to March 15, 2018 in the above “C”, and installed a shower room, a shower room, a waiting room, and a waiting room, etc., and had many married women, such as D, find out the place, enjoy the body of many unspecified customers, or take the body of the body of the deceased, and opened a massage clinic by receiving 40,000 won from the customers under the pretext of massage, and established a massage clinic for the purpose of massage.

Summary of Evidence

1. Statement by the defendant in court;

1. 11 copies of a notice of decision on examining an immigration offender;

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

1. Relevant Article 94 subparagraph 9 of the Immigration Control Act, Article 18 (3) of the Immigration Control Act (illegal employment of foreigners), Article 87 (1) 2, Article 82 (3), and Article 33 (2) 1 of the Medical Service Act (the establishment of an office without qualification) regarding criminal facts, and choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The Criminal Act, the suspension of execution;

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