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(영문) 청주지방법원 2019.03.08 2019고정63

출입국관리법위반

Text

Defendant

A shall be punished by a fine for negligence of KRW 7,000,000, and by a fine of KRW 7,000,000.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

A is the representative of Cheongju-si C Co., Ltd., and Defendant B is a corporation established for the purpose of manufacturing and selling sti pumps;

1. No foreigner A (Violation of the Immigration Control Act) shall employ any foreigner who has no status of sojourn eligible for employment activities under the conditions as prescribed by the Presidential Decree;

Nevertheless, from September 14, 2018 to October 1, 2018, the Defendant: (a) paid a total of five members, including D(E) who entered the Republic of Korea under visa exemption (B-1) instead of status of stay eligible for employment in the said stock company B; and (b) employed a transport operation to pay KRW 7,600 in the City.

2. Defendant B, a representative of Defendant A, committed the same offense as that of the above paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. A written confirmation of employment of foreigners, a written statement of Thailand, and a written statement of corporation;

1. Accusation of an immigration offender, each decision on examining and written notification thereof, and report on immigration offender control activities;

1. Application of statutes on business registration certificate and total certificate of registered matters;

1. The Defendants of the relevant law on criminal facts: Article 94 subparagraph 9 of the Immigration Control Act and Article 18 (3) of the same Act: Defendant 2: Subparagraph 2 of Article 99-3 of the Immigration Control Act;

1. Defendants who choose to be sentenced to punishment: Fines;

1. Defendant 1 of the detention 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