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(영문) 서울동부지방법원 2019.07.18 2019고단1431
출입국관리법위반등
Text

Defendant shall be punished by a fine of eight million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Criminal facts

The defendant is a person who operates a marina business with the trade name "C" from Songpa-gu Seoul Metropolitan Government B and 3.

1. No person who violates the Immigration Control Act shall employ any foreigner having no status of sojourn eligible for employment activities;

Nevertheless, the Defendant from March 6, 2019 to the same year.

4. From 20 days to 20 days, the head of the relevant marina branch office has employed D nationality of Thailand with no status of stay eligible for employment as visa exemption (B-1) and D and E as basic monthly pay 1.5 million won and 10% of the fee per customer as allowance, respectively, on condition that the head of the relevant marina branch office pays 10% of the fee per customer as allowance.

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

2. No person, other than a massage accredited accredited for violating the Medical Service Act, shall open a massage place or massage place;

Notwithstanding that the Defendant is not a massage recognized as a massage, on April 20, 2019, the Defendant installed four massage rooms in the “C” around April 20, 2019, and received KRW 40,000 per hour from the customers under his/her name, and opened and operated a massage place in a way that allows the said D and E to engage in massage using a elbow for the telegraph of the said customers.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of D or E;

1. A copy of each passport;

1. Application of Acts and subordinate statutes for investigation reports (short-term stay foreign suspects attachment of foreign information);

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

1. The scope of concurrent crimes plus the maximum amount of punishment for a crime of violation of the former part of Article 37, Article 38 (1) 2, or Article 50 of the Criminal Act with heavier punishment and the maximum amount of each crime, among concurrent crimes;

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