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(영문) 수원지방법원평택지원 2020.10.20 2020고정332
의료법위반등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

1. No person, other than a massage accredited accredited by the Mayor/Do governor who has violated the Medical Service Act, shall establish a massage place;

Even if the Defendant was not a massage, the Defendant opened a “C” on the level B and 6 of Pyeongtaek-si, and employed Da, E, F, G, and H as a massage with the nationality of Thailand. On November 20, 2019, the Defendant, around 21:00, provided that G receive money from customers who found in the said establishment for profit-making purposes.

As a result, the Defendant established a massage practice center even though he is not a massage accredited.

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

Nevertheless, the Defendant employed Thailand’s nationality G which did not have the status of sojourn eligible to engage in job-seeking activities on July 10, 2019 at the massage treatment place as set forth in paragraph (1), H of Thailand’s nationality that did not have the status of sojourn eligible to engage in job-seeking activities on September 2019, F of Thailand’s nationality that did not have the status of sojourn eligible to engage in job-seeking activities on October 20, 2019, and D and E of Thailand’s nationality that did not have the status of sojourn eligible to engage in job-seeking activities on November 10, 2019, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes on charge of immigration offenders of five copies of the written statement of investigation of each police suspect against D, E, F, G, and H to each police officer's identity report (on-site control)-on-site control photograph, internal investigation report (verification of the status of stay of a foreigner who is detained) - Application of the immigration offender charge

1. Article 87(2)2, Article 82(3), and Article 33(2)1 of the former Medical Service Act (amended by Act No. 1655, Aug. 27, 2019); Article 94 Subparag. 9, and Article 18(3) of the Immigration Control Act (amended by Act No. 1655, Aug. 27, 201; hereinafter “the former Medical Service Act”); Articles 87(2)2, 82(3), and 33(2)9 of the former Medical Service Act (amended by Act No. 165

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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