A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

1. No person who violates the Medical Service Act shall establish a massage place or massage place, if he/she is a visually disabled person under the Act on Welfare of Persons with Disabilities and has not been accredited by the competent Mayor/Do governor;

Nevertheless, even though the Defendant is not a massage accredited by the competent Mayor/Do governor, the Defendant, from November 1, 2017 to April 1, 2020, operated a massage practice center by having the said employees take the part in a telegraph, such as a telecommunication, shoulder, etc., with the trade name of “C”, from around 1, 200 to around 1, 200, after employing an employee D, E, etc., who is an born, and then receiving a fee of KRW 70,00 from the guest who found the place at KRW 50,00 from 50,00 to 70,000 from the guest who found the place.

As a result, the Defendant established a massage place without obtaining the recognition of a massage operator.

2. If a foreigner violating the Immigration Control Act intends to find a job in the Republic of Korea, he/she shall obtain the status of sojourn eligible for employment as prescribed by the Enforcement Decree of the Immigration Control Act, and no person shall employ any foreigner having no status of sojourn eligible for employment;

Nevertheless, around April 1, 2020, the Defendant employed two foreign nationals, such as D(D, F(E), E(E), and G(G) who do not have the status of stay to engage in job-seeking activities at the establishment of “C” as described in paragraph (1) of the Defendant’s operation.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of each police suspect with respect to E or D;

1. Application of the Acts and subordinate statutes requesting an accusation against a person who violates the Immigration Control Act;

1. Relevant Article of the Act on Criminal Facts, Articles 87-2 (2) 2, 33 (2), 82 (3) of the Medical Service Act (hereafter referred to as "unqualified massage practice establishment"), Article 94 subparagraph 9 of the Immigration Control Act, Article 18 (3) of the Immigration Control Act (hereafter referred to as "foreign employment without status of stay"), and the choice of imprisonment, respectively;

1. Article 62(1) of the Criminal Act: