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(영문) 서울북부지방법원 2019.06.13 2019고정447
의료법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who operates a massage procedure called "C" in Seoul Special Metropolitan City, Nowon-gu, and the third floor.

1. A person violating the Medical Service Act was unable to establish a massage place unless he/she is accredited as a massage club. Notwithstanding the fact that the Defendant was unable to obtain the recognition of a massage club, the Defendant, without obtaining the recognition of a massage club, installed at the said massage place from October 6, 2018 to November 6, 2018, with the facilities, such as bed, 10 feet, and 29,000 won for a number of unspecified customers, and had five customers, such as D, who are not qualified as a massage club, take charge of the telegraph of customers.

Accordingly, the Defendant established a massage clinic without qualification.

2. A person who violated the Immigration Control Act shall not employ a foreigner who does not have the status of sojourn eligible for employment as prescribed by Presidential Decree. However, the Defendant, from October 22, 2018 to November 6, 2018, employed a total of six foreigners, including that the Defendant would pay monthly salary of 1.5 million won, etc. to an alien of the mother country who did not have the status of sojourn eligible for employment as an employee, and employ a total of six foreigners as indicated in the attached list of crimes.

Accordingly, the defendant employed a foreigner who does not have the status of sojourn eligible for job-seeking activities.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol of a police suspect regarding E, F, G, D, H, and I (an interpretation protocol);

1. Each investigation report, on-site photographs, results of the inquiry into information about the stay of foreigners, six passport photographs, such as suspects E, etc., J letter photographs of witnesses, requests for cooperation in investigation (request for accusation) and application of Acts and subordinate statutes of the accusation against a person who violates the Immigration Control

1. Article 87 (1) 2, Article 82 (3), and Article 33 (2) 1 of the Medical Service Act for the crime; Article 94 subparagraph 9 of the Immigration Control Act; Article 18 (3) of the Immigration Control Act for the crime;

1. The Criminal Act among concurrent crimes.

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