A defendant shall be punished by imprisonment for not more than six months and a fine not exceeding three million won.

When the defendant does not pay the above fine.

Punishment of the crime

[Basic Facts] The Defendant, who is operating a marina business with the trade name “C” from February 27, 2016 to March 2, 2016, was sentenced to a suspended sentence of two years for eight months by imprisonment with labor for violating the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (the Act on the Punishment of Commercial Sex Acts, Etc.) at the Suwon District Court on May 25, 2016.

【Criminal Facts】

1. The Defendant violated the Immigration Control Act, from September 2019 to October 11, 2019, employed a person who did not have a legitimate status of stay by employing D, who is an illegal stay State that cannot be engaged in employment activities, and allowing a large number of unspecified customers to drink, etc.

2. No person who violates the Medical Service Act shall engage in massage for profit without obtaining a recognition of qualification as a inseminator;

Nevertheless, from September 2019 to October 11, 2019, the Defendant operated the business of the above marina, and employed a stude D, who was not recognized as a massageman’s qualification. After receiving the price for massage against many unspecified customers, the Defendant engaged in massage for profit-making purposes by allowing a large number of unspecified customers to take charge of a telegraph, such as a shoulder, light, shot, etc. by using a finger hand.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of a police officer regarding D;

1. Report on internal investigation (information about foreign residents in D short-term stay);

1. On-site photographs;

1. Application of Acts and subordinate statutes on accusation against an immigration offender (E and one other);

1. Relevant legal provisions concerning facts constituting an offense, and Articles 94 subparagraph 9, 18 (3) of the Immigration Control Act (the point of employing foreigners who have no status of stay, the choice of imprisonment), Article 91, subparagraph 3 of Article 88, and Article 82 (1) of the Medical Service Act (the point of conducting massage treatments for the purpose of non-qualified profit-making of employees);

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 3 and 50 of the Criminal Act;

1. Article 70(1) of the Criminal Act for the detention of a workhouse.