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(영문) 의정부지방법원 2017.09.21 2017고정1747
출입국관리법위반등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who actually operates a massage place between building B and “C marina place” in heading 508 and 509 in Namyang-si.

1. No person who violates the Immigration Control Act shall employ any person who is not eligible to engage in employment activities;

Nevertheless, on December 1, 2016, the Defendant employed female D (D and E) who is a birth State not qualified to engage in employment activities on or around December 1, 2016 at the place of the said massage procedure to pay monthly salary of KRW 1,300,000,000, monthly salary of KRW 1,300,000 for female F (F and G students) who is a birth State around December 6, 2016, and employed female H (H, I students) and Thailand to pay monthly salary of KRW 1,30,000,000, monthly salary of KRW 1,300,000, respectively.

2. No person who violates the Medical Service Act shall perform massage operations for profit without obtaining the recognition of qualifications for massage from a related agency;

Nevertheless, the Defendant, from December 1, 2016 to December 7, 2016, opened and operated the said “C Magaz,” and employed women D, H, J, and F, who are not qualified as Magaz, as a marina, and gave instructions to enable them to receive a marinaz, and let them receive KRW 50,000 per hour from the said D, etc.

As a result, the Defendant conspiredd with the above-mentioned D, etc. who is not qualified to be a massage, and performed a massage for profit.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of interrogation of the police concerning L (10 No. 10 times a net time);

1. Each protocol concerning the examination of the police officers in relation to D, J, H, and F (No. 1, 2 times);

1. Statement made by the police against M;

1. A comprehensive inquiry report regarding each immigration-related person;

1. Accusation of the violator of the Immigration Control Act;

1. Application of statutes on site photographs;

1. Article 94 subparagraph 9 of the relevant Act and Article 18 (3) of the Immigration Control Act (the point of employment of unqualified foreigners) on criminal facts and the choice of punishment;

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