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(영문) 수원지방법원 2020.08.19 2019고단7046
의료법위반등
Text

A defendant shall be punished by imprisonment for six months and a fine of five million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

[Basic Facts] The Defendant is a person who is operating a marina business with the trade name of “C” in C in the period of harmony.

【Criminal Facts】

1. The Defendant violated the Immigration Control Act, from February 25, 2019 to March 25, 2019, employed a person who did not have a legitimate status of stay, such as employing D and E, an illegal stay State which cannot be engaged in employment activities, allowing many unspecified customers to engage in drinking, 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, the Defendant, from March 21, 2019 to March 25, 2019, operated the said marina business, employed a son, E, etc., who was not recognized as a massage club qualification, and engaged in an act of massage for profit-making purposes by having a large number of unspecified customers engage in an act of massage by having him/her know, such as a shoulder, light, shot, shot, etc., by receiving the fee for massage from a large number of customers.

Summary of Evidence

1. Each police interrogation protocol of the accused, D, or E;

1. The current status of each individual's entry and departure and accusation;

1. Application of statutes to the field and photographs of business registration certificates;

1. Article 91, subparagraph 3 of Article 88, Article 82 (1) of the Medical Service Act (the point of an operation for the purpose of profit-making by an employee), Article 94 subparagraph 9 of the Immigration Control Act, and Article 18 (3) of the Immigration Control Act (the point of employment of foreigners who have no status of stay, and the choice of imprisonment) concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The sentence is based on the following circumstances of sentencing under Article 334(1) of the Criminal Procedure Act, and other conditions of sentencing as shown 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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