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(영문) 수원지방법원 2019.09.04 2019고단3136
의료법위반등
Text

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

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

Reasons

Punishment of the crime

[Basic Facts] The Defendant is a person who is operating a business with a mutual marina in the fourth floor of the Yeongdeungpo-gu building B in Suwon-si.

【Criminal Facts】

1. The Defendant violated the Immigration Control Act, from April 15, 2019 to May 6, 2019, employed a person who did not have a legitimate status of stay by employing D and E, an illegal stayer who is unable to engage in simple labor activities, and allowing many unspecified customers to drink, etc.

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 15, 2019 to May 6, 2019, the Defendant operated the said marina business, and employed D and E, who was not recognized as a massageman’s qualification, and had an unspecified number of customers engage in massage for profit-making purposes by allowing them to engage in massage, such as breaking, light, and sacrificing, using a hand hand, with the payment of the massage for an unspecified number of customers.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of E or D;

1. A written statement of customers;

1. An investigation report (Submission of a business registration certificate for the tea G), each investigation report (the telephone conversations of reference witnesses), an investigation report (including attachment of accusation documents by the immigration authorities of orchard and foreigners), and a report on internal investigation;

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 do not hold a stay of stay) regarding facts constituting an offense and Article 94 Subparag. 9 of the Act on the Selection of Punishment, etc., Articles 91, 88 Subparag. 3 and 82 (1) of the Medical Service Act (the point of administering a massage for the purpose

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

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

1. The following circumstances for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, and the Defendant’s age, occupation, character and conduct, family relationship, and other crimes.

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