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(영문) 대전지방법원 논산지원 2018.06.08 2018고정66

출입국관리법위반

Text

Defendants shall be punished by a fine of KRW 7,000,000.

Defendant

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

Reasons

Punishment of the crime

Defendant

A is a managing director of D Co., Ltd. in the assigned group C, and is a person in charge of the management of the above company and the employment of employees.

1. No person who has no status of sojourn eligible for employment activities in the Republic of Korea shall employ a person who has no status of sojourn;

The Defendant, from around December 15, 2017 to January 17, 2018, employed a total of seven foreigners, such as D’s nationality E, who did not have the status of sojourn eligible for employment in the Republic of Korea, on condition that the Defendant would pay KRW 1.2 million per month to the said business place D.

2. Defendant D Co., Ltd. employed the Defendant’s employees who did not have the status of sojourn eligible for job-seeking activities in the Republic of Korea, as described in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. A written accusation;

1. Application of the list of foreigners employed by the employee, certificate of employment of foreigners, and written statements of Thailand statutes;

1. Article 94 Subparag. 9 and Article 18(3) of the Immigration Control Act, and Article 99-3 Subparag. 2, Article 94 Subparag. 9, and Article 18(3) of the same Act, and Article 99-3 Subparag. 9, and Article 18(3) of the Immigration Control Act, and Article 18(3) of the same Act, respectively;

1. Defendants who aggravated concurrent crimes: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act

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

1. Defendants of the provisional payment order: (a) considering the fact that the Defendants recognized the crimes and reflects the reasons for sentencing under Article 334(1) of the Criminal Procedure Act; and (b) some of the circumstances of the crimes are considered (a) the half of the employees under his/her jurisdiction are difficult to cope with by the supply schedule for persons with disabilities), the amount of the fine prescribed in the summary order shall be partially reduced.