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(영문) 대전지방법원 천안지원 2020.05.19 2020고정208
의료법위반등
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who is equipped with eight rooms and one room for employees in Seo-gu, Seo-gu and Seo-gu, Seo-gu, Incheon, and is engaged in marina business with the trade name of “C”.

1. No person who violates the Medical Service Act shall establish a massage place without obtaining a recognition of qualification as a inseminator;

Nevertheless, from January 30, 2019 to January 13, 2020, the Defendant provided the above “C” business establishment with a guidance to many foreign women, including D, a Korean national female, without his/her name, on his/her own hand, and had the said foreign women devise or devise his/her part of his/her name with his/her arms, legs, and urine, etc. so that he/she can devise his/her part of his/her body so that he/she can devise his/her part of his/her body by causing the said foreign women to devise his/her part of his/her body, and established a massage place by receiving KRW 30,000 to KRW 80,00 per time.

2. No person who violates the Immigration Control Act shall employ any person who has no status of sojourn eligible for employment activities, as prescribed by Presidential Decree;

Nevertheless, the Defendant, from January 10, 2020 to January 13, 2020, employed a foreign national female D (D, female and E) of Thailand, a foreigner who does not have the status of sojourn eligible for employment at the above “C” business establishment from January 10, 2020 to January 13, 202, on the condition that 1.3 million won of basic wage and 10% of the price per customer shall be paid additionally.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of a police officer regarding D;

1. Written statements of F and G:

1. On-site photographs;

1. Application of one of the Acts and subordinate statutes to a charge on an immigration offender or an accusation charge;

1. Relevant Article of the Act on Criminal Facts, Articles 87-2 (2) 2, 82 (3), and 33 (2) of the Medical Service Act for the Selection of Punishment, and Articles 94 subparagraph 9, and 18 (3) of the Immigration Control Act for the selection of fines for each of the fines;

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

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