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(영문) 수원지방법원 2020.04.29 2020고단1142
의료법위반등
Text

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.

Reasons

Punishment of the crime

1. A inseminator who violates the Medical Service Act shall be a person who has completed an educational or training course prescribed by the Medical Service Act from among the visually impaired persons under the Act on Welfare of Persons with Disabilities, and shall not establish a massage place or massage place to the Mayor/Do Governor;

Nevertheless, the Defendant, without obtaining the recognition of a massage, operated a massage business without any trade name from around 2019 to October 28, 2019, with two facilities, such as Mambling and shower rooms, etc., in which the Defendant was operating the massage business. The Defendant, who hires E, F, etc., a female of the mother’s nationality, who was not qualified as a massage, as an employee, and hired the customers who found the place as his/her hand, and caused them to perform the massage business by gathering 8 to 140,00 won of the massage fee, and by allowing them to perform the massage business by gathering her flab, f, etc., on his/her hand, from around 2019 to around 28, 200, by having them run the massage business.

2. Where a foreigner who violates the Immigration Control Act intends to find a job in the Republic of Korea, he/she shall obtain the status of stay eligible for employment activities, as prescribed by the relevant Acts and subordinate statutes, and no person shall employ any person who has no status

Nevertheless, from October 21, 2019 to December 28, 2019, the Defendant, from the place specified in paragraph (1), divided half of the amount the Defendant received from customers by the act of massage treatment at the place specified in paragraph (1), and employed as an employee, E'G student, who is a mother country with no status of sojourn eligible to engage in job-seeking activities by staying in Korea as a qualification for visa exemption (B-1).

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of H and I;

1. Report on internal investigation (Violation of the Medical Service Act and the Immigration Control Act);

1. Current status of individual entry and departure (E) and a complaint filed against violations of the Immigration Control Act;

1. Application of Acts and subordinate statutes to field photographs (D) and field photographs (C);

1. Relevant Article of the Act on Criminal Crimes and the former Medical Service Act (amended by Act No. 16555, Aug. 27, 2019).

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