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(영문) 수원지방법원 안산지원 2013.06.11 2013고정718

출입국관리법위반

Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

The defendant is a person who manufactures and installs a punishment framework at the construction site of an apartment construction site without business registration.

If a foreigner intends to be employed in the Republic of Korea, he/she shall obtain the status of sojourn eligible for employment activities, as prescribed by Presidential Decree, and no person shall employ any person who has no such status of sojourn.

Nevertheless, around October 17, 2012, the Defendant entered the Republic of Korea with the status of non-professional employment (E-9-2) at the site of the construction of the B Apartment in Pakistan-si, and employed Vietnam’s nationality C (Nam and D) who did not have the status of sojourn eligible for employment upon expiration of the period of sojourn on November 9, 2010, and employed on condition that 50,000 won per day from October 19, 2012 to October 31, 2012, and had the Defendant work at the construction site as shown in the attached list of crimes. In addition, the Defendant employed a total of six foreigners from October 17, 2012 to October 31, 2012, and had them work at the construction site.

Summary of Evidence

1. Defendant's legal statement;

1. An immigration offender, accusation, report on current status survey activities and investigation report;

1. Application of statutes to inquiries about criminal records, etc.;

1. Article 94 subparagraph 9 of the Immigration Control Act and Article 18 (3) of the same Act concerning the facts constituting an offense;

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

1. Articles 70 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.