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(영문) 전주지방법원 2017.10.27 2017고단1399
의료법위반등
Text

Defendant

A and B shall be punished by imprisonment for six months.

However, with respect to Defendant B, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendants are married couple, who jointly operate the “D Magazzine business” in the C and the 2nd floor of Kim Jong-si.

1. Joint crimes committed by the Defendants

(a) No person may open a massage place or massage place unless he/she is aware of a violation of the Medical Service Act;

Defendants from January 21, 2017 to the same year even if they are not massage doctors.

2. The same year from around July 2017 to around February 2017, by a private person E who is disqualified for the nationality of Thailand.

2. Until July 2, 200, by employing a private person F, who is disqualified for the nationality of Thailand and allowing an unspecified number of customers in the said establishment to enjoy telegraphs by telegraphs or by exposing telegraphs by hand, and as a result, received KRW 60,000 per customer from KRW 60,000 to KRW 150 per customer.

As a result, even if the Defendants conspired not to engage in massage, they established a massage clinic by employing an unqualified marina, and 6,390,000 won (=6,030,000 won) was derived from benefits of KRW 360,00.

(b) Any person who intends to employ a foreigner in violation of the Immigration Control Act, shall employ in Korea a person having the status of sojourn eligible for employment activities;

The Defendants, at the time and place specified in the above paragraph (a) above, entered the Republic of Korea as a tourism visa and had each employed E and F, a non-qualified horse with the nationality of the Thailand who is unable to engage in job-seeking activities, and had the Defendants engage in massage activities.

2. No person but Defendant B is allowed to open a place of massage practice or a massage parlor;

On April 10, 2017, the Defendant, even if he is not a massage doctor, established a massage clinic by employing a private person who is disqualified for the nationality of the Thailand at the place indicated in paragraph 1 of the same Article by allowing an unspecified number of customers to enjoy telegraphs on the floor of hand or to enjoy telegraphs by using a telegraph.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each protocol concerning the examination of the police officers in relation to E, F, and H;

1. Each police statement made to I and G;

1. Each statement of H and J;

1. To file an accusation against an immigration offender, the immigration control office shall be subject to the application of Acts and subordinate statutes;

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