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(영문) 서울중앙지방법원 2017.04.27 2017고단1532
출입국관리법위반등
Text

Defendant shall be punished by a fine of 20 million won.

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

Reasons

Punishment of the crime

The Defendant is a person who operates a marina business in Gangnam-gu Seoul Metropolitan Government E with the trade name "F".

1. From November 5, 2016 to December 21, 2016, the Defendant in violation of the Medical Service Act was equipped with the above “F” business establishment, studio 9, and 1 shower room, etc., and performed a massage operation by having a man’s son who was a son of the Thailand receive KRW 30,00 won per hour from the son who found his/her place by employing G, H, I, J,K, L, M, etc., and having him/her take charge of the telegraph, such as arms, legss, and he/she go through a string method.

As a result, the defendant could not establish a massage place unless he or she is inside, but the defendant established a massage place.

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

Nevertheless, from November 5, 2016 to November 21, 2016, the Defendant: (a) at the foregoing “F” business establishment; (b) entered the tourism visa; (c) paid monthly salary of KRW 110,000 per month to seven persons, such as the above G, who entered the tourism visa; and (d) employed the Defendant as a massage.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police officer in relation to H, M, L, G, K, J, and I;

1. Application of Acts and subordinate statutes to file a complaint against a person who has access to a place of business, a copy of the registration certificate of the place of business, a copy of the place of business, a photograph of the place of business, and a Handphone;

1. Article 87 (1) 2, Article 33 (2), and Article 82 (3) of the Medical Service Act concerning the relevant criminal facts; Article 94 subparagraph 9 of the Immigration Control Act; Article 18 (3) of the Immigration Control Act; the selection of fines;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act includes the fact that the Defendant had been punished several times for the same kind of crime, the Defendant’s acknowledgement of the crime and reflects it, the period of the crime is relatively short, and there are substantial benefits from the instant crime.

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