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(영문) 대전지방법원 서산지원 2019.06.19 2018고단1410

출입국관리법위반

Text

Defendant

A shall be punished by a fine of KRW 15 million, and Defendant Incorporated Company B shall be punished by a fine of KRW 10 million.

Reasons

Punishment of the crime

Defendant

B Co., Ltd. is a company that has a place of business in Seosan City and runs the business of manufacturing and selling Gyeyang food, etc., and the defendant A is the representative director of the corporation B.

1. No person who is a defendant A shall employ any person having no status of sojourn eligible for employment activities;

Nevertheless, from July 4, 2018 to October 16, 2018, the Defendant employed a total of 49 persons, such as D, a foreign national, who does not have the status of stay to work at the place of business of a stock company B from July 4, 2018, under the condition that 7-90,000 won per day, as shown in the attached crime list, would be paid.

Accordingly, the defendant employed a person who does not have the status of sojourn eligible for job-seeking activities.

2. Defendant B, at the same time and place as stated in paragraph (1), committed the same violation as described in paragraph (1) in relation to the Defendant’s business.

Summary of Evidence

1. Defendants’ legal statement

1. Each statement of the foreigner employed by the defendant;

1. Application of statutes on business registration certificates, such as a written accusation and written opinion, written confirmation of employment of foreigners, long-term and short-term foreigners' entry and departure records;

1. Article 94 subparagraph 9 of the Immigration Control Act and Article 18 (3) of the Act on the Punishment, etc. of Specific Crimes and Article 18 (3) Item B of the same Act on the Punishment, etc. of Specific Crimes: Subparagraph 2 of Article 99-3 of the Immigration Control Act, Article 94 subparagraph 9 of the same Act and Article 18 (3) of the

1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

1. Defendant A at 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