Defendant shall be punished by a fine of KRW 4,000,000.

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

Punishment of the crime

1. No person who is a visually disabled person in violation of the Medical Service Act, but is not a massage club accredited to the Mayor/Do Governor, shall open a massage clinic;

Nevertheless, the Defendant, without qualification from November 2, 2018 to April 4, 2018, operated a marina business with the trade name of “C” on the second floor of the Dongdaemun-gu Seoul Metropolitan Government, Gangnam-gu, and had a female D, etc., who is not qualified as a massage, conducted an massage operation by means of coercing a large number of unspecified customers into a shoulder, etc.

As a result, the Defendant established a massage place even though he is not a massage.

2. Where a foreigner violating the Immigration Control Act intends to find a job in the Republic of Korea, he/she shall obtain the status of sojourn eligible for employment activities, as prescribed by Presidential Decree, and no person shall employ any person who has no such status of sojourn as above;

Nevertheless, on November 2, 2018, the Defendant employed a female E (E and F) who did not have the status of sojourn eligible to engage in job-seeking activities as a massageman by paying monthly salary of KRW 1 million.

As a result, the defendant employed a foreigner who does not have the status of sojourn eligible for employment activities.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to G, H and I;

1. Photographs and photographs of police officers entering the scene;

1. Application of Acts and subordinate statutes to investigation report (a) (a written accusation against A, status of stay for Thai women, written accusation against immigration offenders, written opinion, status of stay for Thai women, status of entry or departure);

1. Article 87 (1) 2, Article 82 (3), and Article 33 (2) 1 of the Medical Service Act (the establishment of a non-qualified massage practice establishment, the selection of fines), Article 94 subparagraph 9 of the Immigration Control Act, and Article 18 (3) of the same Act concerning facts constituting an offense (the occupation of employment of a non-qualified sojourner, the selection of fines);

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

1. Article 70(1) of the Criminal Act for the detention of a workhouse.