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(영문) 서울동부지방법원 2017.08.22 2017고단1886
출입국관리법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who operates a marina business in the name of Gangdong-gu Seoul Metropolitan Government B and 2 with the trade name of “C”.

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

Nevertheless, from January 29, 2017 to March 24, 2017, the Defendant employed seven foreigners who did not have the status of sojourn eligible to engage in job-seeking activities, such as as indicated in the list of crimes in the attached Table, as the condition that monthly salary of KRW 1,300,000,000 is paid, as well as that the Defendant, who entered the said marina business in the capacity of B-1 (Visa exemption) that does not correspond to the status of sojourn eligible to engage in job-seeking activities at the said marina business establishment.

2. No person who violates the Medical Service Act shall open a place for massage treatment or a place for massage treatment without obtaining the recognition of his/her qualification;

Nevertheless, on December 23, 2016, from around March 24, 2017 to around March 24, 2017, the Defendant, without obtaining recognition of the qualification as a massage club from the competent Mayor/Do governor, had seven female customers, who are born, such as D, engage in massage with eight marina rooms, one air room, etc., and let them cover the whole blue with his/her hand and blue blue against many unspecified customers, etc., and established an massage clinic with a charge of KRW 40,00,000 per hour from the customers to the general marina.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police officer in relation to D, F, G, H, I, J, or K;

1. Application of Acts and subordinate statutes on the certificate of employment of foreigners or accusation;

1. Article 94 subparagraph 9 of the relevant Act, Article 18 (3) of the Immigration Control Act (employment of foreigners without status of sojourn for employment), Article 87 (1) 2, Article 82 (3), and Article 33 (2) of the Medical Service Act concerning criminal facts, the selection of fines;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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