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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendant is a person who has operated a massage place in the trade name of "C" in the Gyeongbuk-gun B.
1. No person who violates the Immigration Control Act shall employ any foreigner who has no status of sojourn eligible for employment activities;
Nevertheless, from January 4, 2020 to February 10, 2020, the Defendant paid 150,000 won monthly salary and 10% of the amount received from customers as to the act of massage treatment at the place of massage treatment. The Defendant, who entered the place of massage treatment as a qualification for visa exemption (B-1) and did not have the status of stay to engage in job-seeking activities, was employed as the employee of the place of business.
2. No person who violates the Medical Service Act shall establish a massage treatment facility or massage facility, other than a massage club licensed as a massage club;
Despite the fact that the Defendant is not a massage recognized as a massage, from April 9, 2019 to February 10, 202, the Defendant was equipped with 70 square meters in the above massage place, 7 shower rooms, 1 toilet rooms, and 1 other facilities, and 35,000 won to 110,000 won for each type, such as a marina site and a marina log, etc. from customers under his/her name, and agreed to collect from customers in his/her name, 35,00 won to 35,000 won for each type, such as a marina site and a marina log, etc., and then, he/she had them find the place, and have them enter 30 days in his/her total, 100 won and 110,000 won in his/her name, and received 30 days in his/her name and 19,000 won and 30 days in his/her name and 19,000 won.
As a result, the Defendant established a massage place even though he is not a massage.
Summary of Evidence
1. Statement by the police on the suspect interrogation protocol P of the police about the defendant's legal statement D;
1. Investigation reports by the police of Q Q, each investigation report by foreigners, the transfer records by foreigners, and the accusation records by immigration offenders;
1. Business account books;