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수원지방법원 2016.10.27 2016고단4638

출입국관리법위반

Text

Defendant

A Imprisonment for 6 months, Defendant B shall be punished by a fine of 5,00,000 won, and Defendant C shall be punished by imprisonment for 8 months.

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 February 1, 2016 to February 25, 2016, the Defendant employed 16 foreign workers who did not have the status of stay as shown in the attached Table 1, including employment of Mongolian workers F, who did not have the status of stay to work at the factory in the company E, a corporation that entered into a contract with the Defendant, located in the wife population D, which entered into a contract with B, as well as the status of stay.

2. Defendant B is a corporation established for the purpose of business facility management and other contracting.

The defendant, who is the representative, employed 16 foreign workers who did not have status of stay as shown in attached Table 1 with respect to the defendant's business at the date and place specified in the above paragraph (1).

3. Defendant C is a person who operates H as an employment and employment intermediary company in the wife population G when permitted.

No person shall arrange or solicit the employment of any foreigner who has no status of sojourn eligible for employment activities.

Nevertheless, the Defendant, at around February 24, 2016, arranged employment with Russia I, who did not have the status of stay to engage in job-seeking activities, at the request of B Co., Ltd., and arranged employment with seven foreign workers who did not have the status of stay as shown in attached Table 2.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each statement;

1. The accusation (A, B, and C);

1. The application of Acts and subordinate statutes, such as each certificate of foreign employment, business registration certificate (stock company B), contract certificate, business registration certificate (stock company E), field photographs, entry and departure records inquiry, etc., and the results of each entry and departure transactions, electronic tax invoices, and business registration certificate (H);

1. Criminal facts;