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(영문) 창원지방법원 2017.12.06 2017고단3241
의료법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Criminal facts

[2017 Highest 3241]

1. Violation of the Medical Service Act;

A. Although it is not possible for the Defendant to open a massage place, the Defendant, from July 24, 2017 to August 15, 2017, with the trade name of “E” from the 9th floor of the D Building in Changwon-si to “E”, opened a massage place by employing two female employees of “E” from the 9th floor of the C Building in Changwon-si to damage customers, and having them know-how against customers, and having them receive KRW 50,00 to KRW 60 per customer.

B. At the above time and place, the Defendant: (a) received 50,000 won or 60,000 won per customer from the Thailand nationality, which is not qualified as a massage; and (b) caused G to engage in a massage by taking advantage of fingers and elbows, to take charge of or enjoy the telegraph of the customer.

As a result, the Defendant conspired with F and G to conduct a massage procedure against customers for profit.

2. The Defendant violated the Immigration Control Act, at the same time and place as Paragraph 1, employed under the condition that F and G of the nationality of the Thailand without the status of stay eligible for employment would be KRW 1.6 million per month.

[2017 Highest 3341]

1. Although the Defendant is unable to open a massage place unless he/she is aware of the violation of the Medical Service Act, the Defendant, without a massage doctor, opened a massage place by using the parts of the telegraph, etc., including 50,00 won per hour for unspecified customers by employing J, K, L, M, N from April 11, 2017 to September 3, 201, at “I” located on the H and fourth floor in the Changwon-gu, Changwon-si, Hawon-si, Ha, Ha, etc., with a charge of KRW 50,000 per hour for 50,000 for 1 hour against unspecified customers.

2. On August 2017, the Defendant violated the Immigration Control Act: (a) the Defendant employed the 1.5 million won per month, namely, L, M, and N, of the Thailand’s nationality without the status of sojourn eligible for employment, as a massageman.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police officer against F, G, K, J, M, N, or L;

1. A written statement ofO, P and Q;

1.Each.

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