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(영문) 수원지방법원 여주지원 2018.04.27 2018고단239

출입국관리법위반

Text

Defendant

A Imprisonment for 4 months and Defendant B’s agricultural partnership shall be punished by a fine of 2.5 million won.

except that this judgment.

Reasons

Punishment of the crime

1. Defendant A is a person who actually operates Defendant B’s agricultural partnership corporation (hereinafter “Defendant Corporation”) located in Female C at the time of leisure.

No person shall employ any person who has no status of sojourn eligible for employment activities.

Nevertheless, from January 10, 2018 to February 1, 2018, the Defendant employed 17 foreigners who did not have the status of sojourn eligible for employment as shown in the list of crimes in the attached Form, as a condition to pay monthly remuneration of KRW 1400,000 of the nationality of the Thailand (E birth, female) who entered the Republic of Korea as a qualification for visa exemption (B-1) that does not engage in employment activities.

2. The Defendant corporation, the Defendant corporation, at the time and place specified in the above 1. Paragraph (1) above, committed the act of violation as stated on the Defendant’s business.

Summary of Evidence

1. Defendant A’s legal statement

1. Accusation on the entry or departure card;

1. A written notice of examination and decision;

1. Copy of business registration certificate;

1. List of illegal foreigners employed;

1. A foreigner's statement;

1. Application of Acts and subordinate statutes governing registration;

1. Defendant A of the relevant criminal facts: Article 94 subparagraph 9 of the Immigration Control Act, Article 18 (3) of the Immigration Control Act, and Articles 99-3, 94 subparagraph 9, and 18 (3) of the Immigration Control Act;

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

1. Defendant A who is subject to suspended execution: Article 62 (1) of the Criminal Act;

1. Defendant corporation: The judgment is rendered as per Disposition by comprehensively taking into account all the elements of sentencing under Article 51 of the Criminal Act, including the period of employment and the number of employed foreign workers, the background of the crime, the age, sexual conduct, environment, criminal record, etc.