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(영문) 부산지방법원 2019.02.13 2019고정30
의료법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who operates a marina business with the trade name “C” in Busan Jin-gu B.

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

Nevertheless, from May 2018 to July 24, 2018, the Defendant employed D, E, and F, a mother country, who did not have the status of sojourn eligible for employment at the said marina business establishment, as a massage club.

As a result, the defendant employed three foreigners who do not have the status of sojourn eligible for employment activities.

2. No person who violates the Medical Service Act shall establish a massage place or massage place without being accredited as a inseminator;

Nevertheless, on February 22, 2017, from around July 24, 2018 to around July 24, 2018, the Defendant, without being accredited by the competent Mayor/Do governor, provided at the said marina business establishment with six facilities, such as mastum studio, and had a female-in-land female, such as D, who was an solar nation, engage in massage with a large number of unspecified customers by way of cutting off the general blue with hand and blue, etc., and established an massage place by collecting charges of KRW 40,00 per hour from the general customers.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of each police suspect against D, E, F, and the accused;

1. A copy of each G statement;

1. Application of each statute on photographs;

1. Article 94 subparagraph 9 of the Immigration Control Act, Article 18 (3) of the Immigration Control Act (which employs foreigners who have no status of stay), Article 87 (1) 2, Article 82 (3), and Article 33 (2) of the Medical Service Act (which establishes an office for massage treatment) concerning facts constituting an offense, the selection of a fine for each crime;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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