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(영문) 청주지방법원 2015.10.21 2015고단1292

출입국관리법위반

Text

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

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

Reasons

Punishment of the crime

The Defendant is a person engaged in the management of business facilities under the trade name of Eunpyeong-gu Seoul Metropolitan Government “C”.

1. No person who violates the Immigration Control Act due to the employment of foreigners without status of sojourn shall employ any foreigner without status of sojourn eligible for employment activities;

Nevertheless, the Defendant, from March 2, 2015 to April 2, 2015, employed 23 foreign nationals listed in the attached Table 1, respectively, to pay 65,000 to 70,000 per day, respectively, as well as to employ 23 foreign nationals listed in the attached Table 1, who did not have the status of stay to engage in job-seeking activities in the above “C” as well as the status of stay to engage in job-seeking activities in the above “C.”

2. Where a foreigner staying in the Republic of Korea due to violation of the Immigration Control Act due to the employment of a foreigner who has not obtained permission to change his/her workplace, intends to change or add his/her workplace within the scope of his/her sojourn status, he/she shall obtain the prior approval of the Minister of Justice, and no

Nevertheless, the Defendant employed two foreigners listed in the attached Table 2 to pay KRW 65,000 through KRW 70,000 per day, respectively, including the employment of Thailand E who did not obtain permission to change or add a reasonable place of work at the date and place specified in the above paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. A statement prepared by the F;

1. Application of each notice of decision on examining an immigration offender, each registered alien card and each screen output statute; and

1. Article 94 subparagraph 9 of the Immigration Control Act, Article 18 (3) and (1), subparagraph 6 of Article 95, and Article 21 (2) and (1) of the same Act concerning the facts constituting an offense;

1. Selection of an alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334(1) of the Criminal Procedure Act shall not be less than that of the provisional payment order.