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(영문) 서울동부지방법원 2020.11.05 2020고단2032
의료법위반등
Text

A defendant shall be punished by imprisonment for 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

[Criminal Power] On April 20, 2020, the Defendant was sentenced to a suspended sentence of 4 months by imprisonment for a violation of the Immigration Control Act at the Seoul Eastern District Court on April 20, 202, and the judgment became final and conclusive on April 28, 2020.

【Criminal Facts】

The Defendant is a person who operates a marina business with the trade name “D” in Songpa-gu Seoul Metropolitan Government building C.

1. No person who violates the Medical Service Act shall establish a massage place without obtaining a recognition of qualification as a massager from the competent authority;

Nevertheless, from August 2017 to January 1, 2020, the Defendant was equipped with a marina facility, etc. without being recognized as a massage in the aforementioned “D” and had a woman E, who is a born, know-how, etc. to many customers, such as F, and received a charge of KRW 2 to 30,00 per hour from customers.

As a result, the Defendant established a massage place even though he is not a massage.

2. No person who violates the Immigration Control Act shall employ any foreigner having no status of sojourn eligible for employment activities; and

Nevertheless, from the end of December 2018 to January 1, 2020, the Defendant paid KRW 1,500,000 per month E, a female her mother, who is a mother who cannot work as a visa exemption (B-1) at the above business establishment, to pay KRW 1,50,000 per month, and employed 13 employees, who do not have the status of sojourn eligible to work as shown in the list of crimes in the attached Table, including employment as a marina branch.

As a result, the defendant employed a foreigner who does not have the status of sojourn eligible for employment activities.

Summary of Evidence

1. The defendant's legal statement (as at the second trial date), H, I, J, K, L, E, M,O, P, Q, and R: 13 passport photographs of the alien suspect;

1. Previous records of judgment: Criminal records, inquiry reports (A), investigation reports (reports on confirmation of the same criminal records as a suspect), and application of statutes of the judgment;

1. Article 87-2 (2) of the Medical Service Act applicable to the relevant criminal facts and the selection of punishment;

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