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(영문) 청주지방법원 충주지원 2016.07.20 2016고정57

출입국관리법위반

Text

Defendants shall be punished by a fine of KRW 10,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

1. The defendant A shall not employ a foreigner who has no status of sojourn eligible for employment activities in the Republic of Korea;

Nevertheless, from November 7, 2015 to November 17, 2015, Defendant A entered the Republic of Korea as a general tourist qualification from B Co., Ltd. located in Chungcheong City Co., Ltd. operated by Defendant A, as indicated in the list of crimes attached to the crime, and employed 10 persons, such as a pelle D, etc. who cannot work in the Republic of Korea.

2. Defendant B Co., Ltd. committed the act of violation as referred to in paragraph (a) in relation to the business of Defendant B, the representative of that company, Defendant B.

Summary of Evidence

1. Defendant A’s legal statement

1. Application of statutes to accusation an immigration offender, a certificate of employment of foreigners, a business registration certificate, illegal employment period of foreigners, and a notice of decision on examining an immigration offender;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 94 subparag. 9 of the Immigration Control Act and Article 18 subparag. 3 (Selection of Penalty) of the Immigration Control Act;

(b) Defendant B: Articles 99-3 subparag. 2, 94 subparag. 9, and 18 subparag. 3 of the Immigration Control Act;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes provided for in the crime of violation of the Immigration Control Act according to D employment with the most severe circumstances);

1. Defendant A to be detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act, each of the orders for provisional payment;