A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

The Defendant is a person who operates a marina business with “D” in Article 3 of the Kimpo-si Building C.

1. Notwithstanding the fact that a person violating the Medical Service Act is unable to establish a massage place or engage in massage activities without obtaining certification of qualification as a massage club, the Defendant, without obtaining certification of qualification as a massage club from March 24, 2019 to April 3, 2019, received a charge of KRW 40,000 per customer under the title of massage, from an unspecified number of customers who employed him/her and found in the place by having him/her engage in massage activities by taking advantage of his/her customer’s or his/her hair, and for the purpose of making a profit-making, he/she received a charge of KRW 40,000 per customer under the title of massage.

Accordingly, the Defendant established and operated a massage place without obtaining qualification certification.

2. If a foreigner who has violated the Immigration Control Act intends to find a job in the Republic of Korea, he/she shall obtain the status of sojourn eligible for employment activities, as prescribed by Presidential Decree, and no person shall employ any person not eligible

Nevertheless, from March 24, 2019 to April 3, 2019, the Defendant employed as an employee the E and F, G, H, I, and J of the Thailand’s nationality that did not have the status of stay in D as an employee.

Accordingly, the defendant employed a person who does not have status of stay.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against E, F, G, H, I, and J;

1. Investigation reports (Attachment of On-the-spot control photographs), investigation reports (Attachment of business books);

1. Application of statutes on business registration certificates;

1. Article 87 (1) 2, Article 33 (2), Article 82 (3) of the Medical Service Act (a point of an unqualified massage business), Article 94 subparagraph 9 of the Immigration Control Act, Article 18 (3) of the Immigration Control Act (a point of an employment of foreigners who have no status of stay), and the choice of imprisonment, respectively, with prison labor;

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