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(영문) 창원지방법원 마산지원 2020.04.01 2019고단1285
의료법위반등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who operates a Magpo-si C in Changwon-si, Changwon-si B.

1. No one, other than a massage operator who has violated the Medical Service Act, may open a massage club or massage clinic;

Despite the fact that the Defendant was not a massage, from September 2019 to November 5, 2019, the Defendant employed the Da, E, and F at the place of business of the said Cmast from September 2019 to around November 5, 2019, and let the Defendant engage in massage, such as, for many unspecified customers, he/she was in charge of daily feeing and pressureing, etc., and, in return, operated the massage facility or massage clinic by receiving the fee of KRW 60,000 in return.

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

Nevertheless, around September 5, 2019, the Defendant entered the place of the Marina as of November 18, 2017, and employed three persons who did not have the status of stay that can engage in job-seeking activities, such as the list of crimes in the attached Table, after having employed D, who was in an illegal stay, as of November 18, 2017.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol against D, E, or F;

1. Each internal investigation report (this refers to enforcement status, attachment of materials on the current status of foreigners of Thailand's nationality respective immigration status), application of Acts and subordinate statutes on accusation against immigration offenders;

1. Article 87 (2) 2, Article 82 (3), and Article 33 (2) of the former Medical Service Act (Amended by Act No. 1655, Aug. 27, 2019); Article 94 subparagraph 9 of the Immigration Control Act and Article 18 (3) of the Immigration Control Act (amended by Act No. 1655, Aug. 27, 201);

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

1. The suspended sentence under Article 62(1) of the Criminal Act, despite the record of the same kind of crime with the same reason for sentencing, led to the instant crime. On the other hand, the Defendant recognizes and reflects the fact of the crime, and appears to have reported the closure of business, and other circumstances after the Defendant’s age, character and conduct, environment, details of the crime,

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