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(영문) 창원지방법원 2019.03.14 2018고정722
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

1. No person, other than a person qualified as a massage operator for a violation of the Medical Service Act, may open a massage place;

On September 30, 2018, the Defendant: (a) around September 30, 2018, at the marina business office operated by the Defendant on the third floor in Kimhae-si, Kim Jong-si, and (b) around 130 square meters in the trade name of “C”, and (c) received cash KRW 80,000 for one hour from many unspecified customers, and had a foreign marina branch office take charge of the transfer of customers.

As a result, the Defendant established a massage treatment facility without qualification as a massage operator.

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

Nevertheless, from September 7, 2018 to September 30, 2018, the Defendant employed in KRW 1.2 million per month D, who was a mother country without the status of sojourn eligible for job-seeking activities, in order to provide marina services to many unspecified customers at the marina business place of the trade name “C,” which was operated by the Defendant on the third floor of Kim Sea, from September 7, 2018, and from September 24, 2018 to September 30 of the same month, the Defendant employed KRW 1.5 million per month, who was a mother country without the status of sojourn eligible for job-seeking activities.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of each police suspect with respect to E or D;

1. Application of Acts and subordinate statutes on internal investigation;

1. Article 87 (1) 2, Article 82 (3), and Article 33 (2) 1 (a) of the Medical Service Act (a point where a place of massage practice is established) concerning facts constituting an offense, Article 94 subparagraph 9 of the Immigration Control Act, Article 18 (3) of the Immigration Control Act (a point where a person who holds no status of stay is employed) concerning the selection of a fine, and the selection of a fine;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Criminal Procedure Act;

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