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(영문) 수원지방법원 2019.06.19 2019고단1819
의료법위반등
Text

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

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

Reasons

Punishment of the crime

[Basic Facts] The Defendant is a person who is operating a marina business with the trade name “C” on the fourth floor of the building B and the 4th floor of the Silsung City.

【Criminal Facts】

1. The Defendant violated the Immigration Control Act, from October 15, 2018 to November 15, 2018, employed a person who did not have a legitimate status of stay by having an unspecified number of customers enjoy sojourn status (B-1) that is prohibited from engaging in illegal stay D and labor activities that are prohibited from engaging in simple labor activities.

2. No person who violates the Medical Service Act shall engage in massage for profit without obtaining a recognition of qualification as a inseminator;

Nevertheless, from October 15, 2018 to November 15, 2018, the Defendant operated the said marina shop, employed two foreign nationals D, etc. who did not obtain recognition of qualification as a massage club, and engaged in an act of massage for profit-making purposes by allowing a large number of unspecified customers to take part in a telegraph, such as a shoulder, light, boom, and boom, by receiving the fee for massage from a large number of unspecified customers, and by taking part in a telegraph, such as a finger, boom, etc. by hand.

Summary of Evidence

1. Defendant's legal statement;

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

1. A report on internal investigation:

1. Notification related to the arrest of each flagrant offender and the report of 112 Incident;

1. Each accusation, each screen screen for foreigners, each request for accusation against a violation of the Immigration Control Act, and the application of each passport copy statute;

1. Article 94 Subparag. 9 of the Immigration Control Act and Article 18 (3) of the Immigration Control Act (the point of employing foreigners who do not hold a stay status) regarding facts constituting an offense, the choice of punishment, and Articles 91, 88 Subparag. 3, and 82 (1) of the Medical Service Act (the point of conducting massage treatments for non-qualified profit-making purposes of employees);

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 following circumstances for sentencing under Article 334(1) of the Criminal Procedure Act, and the Defendant’s age, occupation, character and conduct, family relationship.

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