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(영문) 서울서부지방법원 2018.12.13 2018노763
출입국관리법위반등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 15 million.

The above fine shall not be paid by the defendant.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (an amount of KRW 15 million) is too unreasonable.

2. The grounds for appeal by the defendant ex officio are examined ex officio prior to the judgment.

As the prosecutor applied for changes in the indictment of violation of the Medical Service Act in the trial, the prosecutor applied for changes in the indictment as stated in Paragraph 2 below, and this court permitted the changes in the indictment, the judgment of the court below cannot be maintained any more in this respect.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment of the court below is reversed and it is again decided as follows.

[Re-written judgment] The defendant is a person who operates a marina business in the trade name of "C" for the purpose of wholesale and retail of cosmetics located in the second floor of Eunpyeong-gu Seoul Metropolitan Government, and D is a person who works for the night office of the above business.

1. A foreigner who violates the Immigration Control Act shall obtain the status of sojourn eligible for employment activities in order to find a job in the Republic of Korea, and no person shall employ a person who has no status of sojourn eligible for employment activities;

Nevertheless, from the end of September 2016 to October 01, 2000, the Defendant had 17 people, etc., who entered the place of business with the trade name “C” as of October 24, 2017, who entered the Republic of Korea as a tourism visa who is unable to engage in job-seeking activities, enter the place of business with 17 people, etc., such as Thailand E, who entered the place of business with the status of a tourism visa who entered the said place of business as of October 24, 2017, and, in return, employed them on condition that they pay allowances, apart from the basic pay 1.

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

2. No person who violates the Medical Service Act shall establish a place of massage practice or a place of massage practice without obtaining the recognition of qualifications for massagemen;

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