A defendant shall be punished by imprisonment with prison labor for not more than ten months and by a fine not exceeding three million won.

When the defendant does not pay the above fine.

Punishment of the crime

1. No person who violates the Immigration Control Act shall employ any person who has no status of sojourn eligible for employment activities pursuant to relevant Acts and subordinate statutes;

Nevertheless, from March 25, 2020 to March 27, 2020, the Defendant employed the above D as a marina office, on condition that the Defendant would pay KRW 10,000,00 to D of Thai nationality, who entered the “C” business establishment with B and C from March 25, 2020 to a tourist visa (B-1) who is unable to engage in job-seeking activities at the “C” business establishment with B and C in Gyeonggi-si.

As a result, the defendant employed foreigners who did not obtain the status of stay that could engage in employment activities.

2. A inseminator who violates the Medical Service Act, among visually impaired persons under the Act on Welfare of Persons with Disabilities, has completed a course of physical therapy in a school providing education equivalent to a high school according to the limit of his/her services at the school among the special schools under the Elementary and Secondary Education Act; a person who has completed a course of massage training at a middle school or higher course and has completed a course of massage training at a massage training institution designated by the Minister of Health and Welfare for at least two years; and shall not engage in massage for profit without obtaining qualification as a inseminator;

Nevertheless, at around 23:30 on March 27, 2020, the Defendant had D, an employee who is not qualified as a massageman, take charge of the shoulder, etc. of E in return for receiving KRW 40,000 from E, who was found to be a customer from “C” as stated in the above Paragraph 1.

Accordingly, the defendant did not obtain the recognition of a massage with respect to the defendant's business, but performed an act without qualification for profit-making purpose.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Application of Acts and subordinate statutes on field photographs, such as the E's written statement, information about foreigners stay;

1. A foreigner who is unable to engage in job-seeking activities under Article 94 subparagraph 9 of the Immigration Control Act and Article 18 (3) of the same Act concerning the relevant criminal facts and the choice of punishment;