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(영문) 서울동부지방법원 2019.09.10 2019고단2191
출입국관리법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

The Defendant is a person who operates a marina business in the name of Gangdong-gu Seoul Metropolitan Government “C”.

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

Nevertheless, from May 2019 to March 31, 201 of the same month, the Defendant employed a person whose name called D, E, and F, which was not recognized as a massage club among the said business establishment, as a massage club, and had him/her engage in massage business by allowing him/her to engage in massage business by receiving 3-40,000 won or more per hour for many unspecified customers including G.

As a result, the Defendant established a massage place without obtaining the qualification of a massage operator from May 2019 to March 31 of the same month.

2. No person who violates the Immigration Control Act shall employ any person who has no status of sojourn eligible for employment activities;

Nevertheless, the Defendant, from Jun. 18, 2019 to Jun. 22, 2019, employed the F of Thailand’s nationality from Jun. 22, 2019 to Jun. 27, 2019, from Jun. 23, 2019 to Jun. 27, 2019 to pay 5,00 won per day-class L of Thailand’s nationality from Jun. 24, 2019 to Jul. 1, 2019, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol against J, K, L, H, and I;

1. A written statement of the G production;

1. A criminal investigation report (attaching foreign suspects' documents accompanied by information on foreigners);

1. A written accusation against an immigration offender;

1. Application of business operator registration certificate, on-site photographs statutes;

1. A fine, inclusive, for the operation of an unqualified massage office under Article 87(1)2, Article 82(3), and Article 33(2)1 of the Medical Service Act concerning facts constituting an offense and for the selection of punishment;

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