A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. A person who is not a massage operator who violates the Medical Service Act shall not establish a massage place, and the defendant shall not be a massage theater.

Nevertheless, from August 2017 to October 8, 2019, the Defendant had eight guest rooms with the trade name of “C” from the 3rd floor in Bupyeong-si to Busan-si from August 2019, employed female employees, such as D without qualifications as a massage club, and had them visit the said establishment, and had them take part in the business by receiving KRW 30,000 to KRW 60,000 per capita or by taking part in telegraph from the general public.

As a result, the Defendant was not a Marine but established a massage place.

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

Nevertheless, the Defendant employed D’s nationality that did not have the status of stay for job-seeking activities as an employee who took charge of telegraph transfer against the said C customers from August 2019 to October 8, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol on the accused and D;

1. The application of statutes on the Incheon Immigration Agency for Foreigners, and individual immigration status;

1. Article 87(2)2, Article 82(3), and Article 33(2) of the former Medical Service Act (Amended by Act No. 16375, Apr. 23, 2019); Article 94 Subparag. 9, and Article 18(3) of the Immigration Control Act (Notice of Employment of Foreigners without Status of Employment) concerning facts constituting an offense;

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

1. The grounds for the suspended sentence under Article 62(1) of the Criminal Act are as follows: (a) comprehensively taking into account the following circumstances, such as the Defendant’s age, character and conduct, environment, motive for committing the crime, and circumstances after committing the crime, the sentence as set forth in the text shall be determined.

The defendant's crime may promote the illegal stay of a foreigner, the same kind of crime.