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(영문) 서울서부지방법원 2020.01.08 2019고단3756
의료법위반등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who, from January 7, 2016 to October 17, 2017, operates a massage place with the trade name “C” from Mapo-gu Seoul Metropolitan Government B and the second floor.

1. No one, other than a massage technician who has violated the Medical Service Act, may open a massage place;

From January 7, 2016 to October 17, 2017, after completing business registration under the name of D at the regional tax office having jurisdiction over the district tax office, the Defendant employed the said C business as an employee of E, F, G, H, I, and J, who is not qualified as a massageman at the said C business establishment, and received a charge of KRW 5,00 per hour from the customer who found the said business at the said business establishment at the rate of KRW 30,00,000 per hour, and had the said employee enjoy the body of the customer by using his hand or elbow, etc.

Accordingly, the defendant, in collusion with D, opened a massage place.

2. No person who violates the Immigration Control Act shall employ any foreigner who has no status of sojourn eligible for employment activities in the Republic of Korea;

Nevertheless, the defendant conspired with D, and on October 12, 2016, at the above C business place, the same month.

8. On October 17, 2017, under the condition that he/she pays an additional allowance (10% of the settlement amount) to KRW 1.5 million of the nationality of the Thailand who entered the Republic of Korea as tourism expenses, he/she employed as a massage, and had him/her work as a massage on October 17, 2017, and on March 19, 2017, he/she paid an additional allowance to KRW 1.5 million of the nationality of the Thailand who entered the Republic of Korea as tourism expenses, on condition that he/she pays an additional allowance to KRW 1.5 million of the fixed amount.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. Investigation Report (Attachment of case records in relation to D), - Prosecutor's interrogation protocol of D, K, and L - Each written statement, - Application of the suspect examination protocol of each police statute against H, I, and J

1. Relevant Articles 82(3) and 33(2)1 of the former Medical Service Act (amended by Act No. 16375, Apr. 23, 2019); and Article 30 of the Criminal Act concerning criminal facts.

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