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A defendant shall be punished by imprisonment for four 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 open and operate a massage place;
Even if the Defendant is not a massage, the Defendant, from May 19, 2019 to October 30, 2019, employs female employees of the Thailand’s nationality, and let employees take the place of the said business by making his/her hand and elbow, etc., and received compensation from customers.
As a result, the defendant established and operated a massage place even though he is not a massage.
2. The Defendant in violation of the Immigration Control Act is a person who operates a marina business under the trade name of “C” in Bupyeong-gu Incheon Metropolitan City.
No person shall employ any foreigner who has no status of sojourn eligible for employment activities.
Nevertheless, at the end of October 2019, the Defendant employed a foreigner D (D, female, E-1) whose nationality does not have the status of stay for job-seeking activities in the “C” as of October 2019.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of police suspect regarding D;
1. A statement prepared by the F;
1. A written accusation;
1. Investigation report (Attachment to the same type of power, etc.);
1. Application of Acts and subordinate statutes on the immigration status of individuals;
1. Article 87(2)2, Article 82(3), and Article 33(2)1 of the former Medical Service Act (amended by Act No. 1655, Aug. 27, 2019); Article 94 Subparag. 9, Articles 18(3), and 18(3) of the Immigration Control Act (amended by Act No. 1655, Aug. 27, 2019); Articles 94 Subparag. 9, 18(3), and 18(3) of the Immigration Control Act (amended by Act No. 1
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. The Defendants of the community service order continued to operate the relevant place of business even though they were punished for the same offense as the sentencing of Article 62-2 of the Criminal Act, and repeated crimes committed by a foreigner who is unable to engage in job-seeking activities in September 2019, even though he/she was employed and discovered.