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(영문) 창원지방법원 2020.04.10 2020고단279
의료법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. No person who violates the Medical Service Act shall establish a massage place without obtaining a recognition of his/her qualification from the Mayor/Do Governor pursuant to the Medical Service Act;

The defendant is the business owner operating a marina business in Seongbuk-gu B and 3, Sungwon-si, Sungwon-si, and D is an employee entrusted by the defendant with the overall management of the above business.

From June 2019 to August 26, 2019, the Defendant and D conspired to operate a marina business with the trade name of “C” at the same place, and employed as a marina branch of Thailand’s nationality E (n, F, G (n, H), and I (J). The Defendant and D had a large number of unspecified customers who found the above business place take care of their body, such as taking care of or taking care of their body, and received KRW 50,000 as the price.

Accordingly, the defendant and D conspired to establish a massage treatment center without being recognized as a Marine.

2. Any foreigner who violates the Immigration Control Act may sojourn in the Republic of Korea within the limits of his/her sojourn status and sojourn period, and any foreigner who intends to find a job in the Republic of Korea shall obtain a sojourn status that allows him/her to engage in job-seeking activities, as prescribed by Presidential Decree, and

Nevertheless, the Defendant and D conspired, from July 1, 2019 to August 26, 2019, employed the E (F) of the nationality of Thailand where he did not have the status of sojourn eligible for employment activities, from June 1, 2019 to August 26, 2019, G (H) of the nationality of Thailand where he did not have the status of sojourn eligible for employment activities from June 2019 to August 26, 2019, and I (J) of the nationality of Thailand where he did not have the status of sojourn eligible for employment activities from July 4, 2019 to August 26, 2019 to Mara branch office, 150,000 won each month.

Accordingly, the defendant and D employed foreigners who did not have the status of sojourn that they could work in collusion.

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