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(영문) 서울동부지방법원 2020.08.12 2020고정589
의료법위반등
Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

The Defendant is a person who operates a marina business on the second floor of a building located in Gunsan-si B with the trade name “C”.

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

Nevertheless, from March 8, 2020 to March 11, 2020, the Defendant entered the said establishment from March 8, 2020 to the visa exemption (B-1) and did not have the status of stay to engage in job-seeking activities, and employed as an employee by paying an additional incentive in KRW 1.5 million per month to the Thailand nationality D, E, F, and G.

As a result, the defendant employed a foreigner who does not have the status of sojourn eligible for employment activities.

2. No person, other than a massage technician accredited accredited for violating the Medical Service Act, shall open a massage place or massage place;

Although the Defendant was not a massage club recognized as a massage, from March 8, 2020 to March 11, 2020, the Defendant employed four foreigners as indicated in paragraph (1) at the above business establishment as an employee, and had employees receive 50,000 won to a large number of unspecified customers by receiving a price for massage of KRW 50,000 per hour, and let them take care of, or engage in, telegraph by using hand, etc.

As a result, the Defendant established a massage place even though he is not a massage.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police suspect examination protocol against E, D, G, F, and H;

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

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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