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(영문) 수원지방법원 여주지원 2017.10.13 2017고단940

출입국관리법위반

Text

Defendants shall be punished by a fine of two million won.

Defendant

If A does not pay the above fine, it shall be 100,000 won.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. (hereinafter referred to as the “Defendant Co., Ltd.”) is a manufacturer of steel-rein concrete structures located in Co., Ltd. and Defendant A is a director of the business management division of the Defendant Co., Ltd.

1. When intending to employ a foreigner A, a person having the status of sojourn eligible for employment in Korea shall be employed under the conditions as prescribed by the Presidential Decree;

Nevertheless, between March 20, 2017 and April 19, 2017, the Defendant employed seven foreigners who are not qualified for job-seeking activities, such as the list of crimes and the list of annexed crimes, by employing D, who entered the Republic of Korea as qualified for visa exemption (B-1) from the Minister of Justice, to the Defendant company.

2. The Defendant Company employed seven foreigners who are not entitled to work as described in the above 1. Paragraph with respect to the duties of the Defendant Company A.

Summary of Evidence

1. The legal statement of the defendant A and E;

1. A written accusation against an immigration offender;

1. Each statement;

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

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 and Article 18 (3) of the Immigration Control Act, and Articles 99-3 subparagraph 2, 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 to be detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: (a) The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (b) the number and employment period of the employed foreigners; (c) the age of the Defendant A; (d) the environment; and (e) the primary offender who has no criminal history; (d) the motive for the crime; (e) the circumstances before and after the crime; and (e) the size and status of the Defendant company; and (e) the overall sentencing conditions under Article 51 of the Criminal Act are considered.