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(영문) 춘천지방법원속초지원 2020.08.24 2019고단418

출입국관리법위반

Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

If a foreigner intends to find an employment in the Republic of Korea, he/she shall obtain the status of sojourn eligible for employment activities, as prescribed by Presidential Decree, and no person shall employ a person who has no status of sojourn eligible for employment activities.

From August 8, 2019 to August 27, 2019, the Defendant, while operating a studio 7 and a studio studio 1,000 won and additional allowances, employed 6 women of Thailand nationality with no status of stay eligible to engage in job-seeking activities, including six women of Thailand nationality with no status of stay eligible to engage in job-seeking activities, four women of Russia nationality, and one female of Kabstan nationality, respectively.

As a result, the defendant employed a foreigner who does not have the status of sojourn eligible for employment activities.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D, etc.;

1. The application of business registration certificate, business permission certificate, copy of real estate lease contract, and investigation reporting Acts and subordinate statutes;

1. Article 94 Subparag. 9 of the Immigration Control Act and Article 18 (3) of the same Act, the choice of applicable laws and punishment concerning facts constituting an offense, and the choice of fines;

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act recognizes the defendant's error, and the defendant has no same criminal records.

However, there is a little number of foreigners employed by the defendant, and the crime of this case is likely to disturb the immigration control order, as well as to capture the labor force of foreigners who are not qualified for employment.

In addition, the sentence shall be determined as ordered in consideration of all the sentencing conditions, including the period during which the defendants employed foreigners who are unable to engage in job-seeking activities and operated.