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(영문) 대전지방법원 논산지원 2017.05.02 2017고단83

출입국관리법위반

Text

Defendants shall be punished by a fine of KRW 2,000,000.

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 any foreigner who has no status of sojourn eligible for employment activities;

Nevertheless, from November 10, 2016 to December 6, 2016, the Defendant employed a foreigner D (n, 38 years of age) who does not have the status of stay to engage in job-seeking activities on the condition that 40,000 won per day would be paid by the farming association corporation located in Seosan-si C.

2. Defendant B, a representative of the Defendant, committed an offense against the Defendant’s business, as set forth in paragraph (1).

Summary of Evidence

1. Defendant A’s legal statement

1. Written statements of D;

1. A certificate of employment of foreigners;

1. A certified copy of the register of agricultural partnership;

1. Application of Acts and subordinate statutes on accusation to any immigration offender;

1. A defendant of the pertinent legal provision and the choice of punishment for a crime: Article 94 subparagraph 9 of the Immigration Control Act and Article 18 (3) of the Immigration Control Act (Optional to a penalty): Article 99-3 subparagraph 2 of the Immigration Control Act, Articles 94 subparagraph 9 and 18 (3) of the Immigration Control Act;

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

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act