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(영문) 수원지방법원 2019.09.25 2019고단3235
의료법위반등
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Basic Facts] The Defendant is a person who is operating a marina business with the trade name “C” from the sphere B and C in Suwon-si.

【Criminal Facts】

1. The Defendant violated the Immigration Control Act, from around December 10, 2018 to June 1, 2019, employed a person who did not have a legitimate status of stay by having an unspecified number of customers engage in a lawful status of stay by employing D and E, who is a stude in the Republic of Korea, as the status of stay (B-1) that is prohibited from engaging in simple labor activities at the said marina business establishment.

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, the Defendant operated the said marina shop from around December 10, 2018 to June 1, 2019, and employed D and E, who was not recognized as a massage club qualification, and had an unspecified number of customers engage in massage with the purpose of profit-making by having them know-how, such as breaking, light, and sacrine, by receiving the fee for massage from a large number of customers, and by taking charge of the telegraph, such as fingers, light, sarin, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of D or E;

1. A criminal investigation report, investigation report2, investigation report (including a charge for accusation) (including the entry into and departure from the Republic of Korea and the head of an immigration office);

1. Application of Acts and subordinate statutes concerning transfer of illegal aliens;

1. Article 94 Subparag. 9 of the Immigration Control Act and Article 18 (3) of the Immigration Control Act (the point of employing foreigners who do not hold a stay of stay) regarding facts constituting an offense and Article 94 Subparag. 9 of the Act on the Selection of Punishment, etc., Articles 91, 88 Subparag. 3 and 82 (1) of the Medical Service Act (the point of administering a massage for the purpose

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The following conditions of sentencing under Article 334(1) of the Criminal Procedure Act, and other conditions of sentencing indicated in the records, such as Defendant’s age, occupation, character and conduct, family relationship, and circumstances before and after the crime.

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