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(영문) 수원지방법원 2017.08.24 2017고단2720

출입국관리법위반

Text

Defendant

A Imprisonment for 6 months, Defendant B shall be punished by a fine of 10,000,000 won, respectively.

except that this judgment.

Reasons

Punishment of the crime

Defendant

A is the representative director of corporation B, and the defendant corporation B is a corporation that has an office in Suwon-si C and 3, and is established for construction business.

1. No person who has no status of sojourn eligible for job-seeking activities shall employ any person;

Nevertheless, from November 26, 2016 to January 20, 2017, the Defendant employed Vietnam’s nationality D ( South, 31 years old) that did not have the status of sojourn eligible for employment in the said stock company B, as well as 42 persons, including written notification of detection of illegal aliens, etc. in attached Form 42, including written notification of detection of illegal aliens, etc.

2. Defendant B’s representative, Defendant B, committed an act violating the Immigration Control Act, as described in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. A notice of accusation or decision on examining an immigration offender;

1. Notification of detection of illegal stay of foreigners, etc.;

1. A statement on payment of labor expenses for daily use;

1. Application of Acts and subordinate statutes on records of foreigners to each registered foreigner;

1. Article 94 subparagraph 9 of the relevant Act and Article 18 (3) of the Immigration Control Act; and Article 94 subparagraph 2 of the same Act and Article 94 subparagraph 9 of the same Act and Article 18 (3) of the same Act; Defendant B who selects imprisonment: Each of the subparagraphs 2, 94 subparagraph 9, and 18 (3) of the Immigration Control Act;

1. Defendants who are subject to 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 (the fact that the accused is against his/her wrong recognition, the fact that there is no record of criminal punishment except for the payment of a fine once for the crime of this species, the number of foreigners employed, the period of employment of foreigners, the work type of the employed foreigners, and the circumstances leading to the crime, family relations, etc.);

1. Defendant B corporation: Article 334(1) of the Criminal Procedure Act;