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(영문) 수원지방법원 안양지원 2020.03.20 2019고단2499
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. No person who has not been accredited as a massager by the Mayor/Do Governor who has violated the Medical Service Act, shall open a massage place;

Nevertheless, from November 20, 2018 to November 1, 2019, the Defendant, without being accredited as a massage club, opened a massage clinic, such as having six massage rooms with the trade name “D” in the Gu B and C, and having four female employees who find out the place, such as E, engage in massage by having them take charge of the telegraph of the customers, and having them take charge of the telegraph of the customers, and establishing a massage clinic, such as having them take charge of 40,00 won for one hour and for 30 minutes and 50,000 won from customers.

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

Nevertheless, from Jun. 2, 2019 to Nov. 1, 2019, the Defendant employed a female E (E, from Jun. 2, 2019 to Nov. 11, 2019), F (F, employment period from Nov. 21, 2019 to Nov. 11, 2019), G (G, employment period from Oct. 16 to Nov. 11, 2019), H (H, employment period from Oct. 16 to Nov. 11, 2019) as an employee, who entered the Republic of Korea as a status of stay exemption (B-1).

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection (violation of the Medical Service Act, etc.);

1. Photographs photographs inside the business establishment and its business registration certificate;

1. Requests and replies for cooperation in investigation related to persons who violate the Immigration Control Act;

1. Application of Acts and subordinate statutes to notices on examination and decision of immigration offenders to respective foreign women;

1. Article 87(2)2, Article 82(3), and Article 33(2)1 (a) of the former Medical Service Act (Amended by Act No. 1655, Aug. 27, 2019); Article 94 Subparag. 9, Article 18(3) of the Immigration Control Act (which means the establishment of an office for massage treatment without qualification); Articles 94 Subparag. 9, and 18(3) of the Immigration Control Act (which means the employment of foreigners without status of sojourn for employment activities); Articles 18(3) of the former Medical Service Act,

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

1. The Criminal Act, the suspension of execution;

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