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(영문) 제주지방법원 2017.09.28 2017고정397

출입국관리법위반

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who operates a stone construction company C in Jeju City.

When a foreigner intends to obtain employment 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 status of sojourn eligible for employment activities.

Nevertheless, the Defendant, while operating C, entered Jeju-free certificate (B-2-2), and illegally staying in Korea as Jeju-free certificate (D, South, and E) at the monthly salary of KRW 1,750,000 from September 1, 2016 to September 21, 201, and conducted a work, such as transporting stones, and employed illegally.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. A certificate verifying receipt of wages;

1. Application of Acts and subordinate statutes to investigation reports (receiving copies, etc. of passports);

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

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Reduction of a fine for summary order in light of the fact that the sentencing of Article 334(1) of the Criminal Procedure Act reflects the depth of the reasons for sentencing, the fact that there is no previous conviction in the same kind, the period of employment, etc.; and