beta
(영문) 수원지방법원 2017.06.15 2017고정679

출입국관리법위반

Text

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

Defendant

B If the above fine is not paid, 100,000.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. is a company that is established and operated for the purpose of plastic products manufacturing, etc. in Slified City D, and Defendant B is a person who actually operates the above company.

1. The defendant B shall not employ any foreigner who does not have the status of sojourn eligible for employment activities;

Nevertheless, from October 4, 2016 to December 6, 2016, the Defendant employed six foreigners who did not have the status of sojourn eligible for employment as shown in the list of crimes in the attached Table, including being employed as an employee on the condition that he/she would pay monthly salary of KRW 1.55 million, who did not have the status of sojourn eligible for employment as stated in the company, and B-1 (Visa exemption) from April 4, 2015 to April 4, 2015.

2. Defendant A Co., Ltd. employed six foreigners who did not have the above status of stay in relation to the Defendant’s business at the above time and place.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written accusation;

1. List of the foreigners employed by the employee;

1. Application of Acts and subordinate statutes;

1. A stock company that is subject to the pertinent provision of the Act on Criminal Facts and the choice of punishment: Each of the subparagraphs 2, 94 subparagraph 9, and 18 (3) of Article 99-3 of the Immigration Control Act; Defendant B who is selected as a fine: Article 94 subparagraph 9 of the Immigration Control Act; Article 18 (3) of the Immigration Control Act; and the selection of fines;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act for the increase of concurrent crimes;

1. Defendant B who is detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Article 334 (1) of the Criminal Procedure Act, applicable to the order of provisional payment;