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(영문) 수원지방법원 2019.10.23 2019고단3948
의료법위반등
Text

A defendant shall be punished by imprisonment for six months and a fine of five million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

[Basic Facts] The Defendant is a person who is operating a marina business in Gangnam-gu Seoul Metropolitan Government as “C” in Gangnam-gu.

【Criminal Facts】

1. The Defendant violated the Immigration Control Act, from April 2019 to June 18, 2019, employed a person who did not have a legitimate status of stay by employing D, E, F, and G, an solar nation staying in the Republic of Korea, as the status of stay (B-1) that could not engage in simple labor activities at the Marin place of business from around April 2019 to June 18, 2019.

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 April 2019 to June 18, 2019, the Defendant operated the said marina shop, and employed D, E, F, and G, who was not recognized as a massage club qualification, and had an unspecified number of customers engage in massage with the purpose of profit-making by allowing them to engage in massage by receiving the fee for massage from a large number of customers and by paying the fee for fingers, light, brus, and other telegraphs such as fingers, brus, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's interrogation protocol on D, E, F, and G;

1. The police statement of H;

1. Investigation report (including a letter of charge) (including a letter of charge);

1. Application of statutes on site photographs;

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 have no status of stay, the choice of each imprisonment), Article 91, Article 88 Subparag. 3 of the Medical Service Act, and Article 82 (1) of the same Act (the point of administering procedures for the purpose of non-qualified profit-making of employees);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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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