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(영문) 춘천지방법원 속초지원 2020.03.25 2019고단219

출입국관리법위반

Text

Defendant

A shall be punished by a fine for negligence of KRW 8,000,000, and by a fine of KRW 7,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

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

Nevertheless, the Defendants conspired and employed 1.5 million won per month from February 25, 2019 to March 13, 2019, 1.5 million won per month, including the Republic of Korea Nationality E, and 1.5 million won per month from May 25, 2019 to March 15, 2019.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each E, etc. statement;

1. Application of Acts and subordinate statutes on business registration certificate, business permission certificate and investigation report;

1. Relevant Article 94 Subparag. 9 and Article 18(3) of the Immigration Control Act, Article 30 of the Criminal Act, and the choice of fines

1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act; and

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: each of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act recognizes the Defendants’ mistake, and Defendant B did not have the same criminal records.

However, there is a lot of number of foreigners employed by the defendants, and the crime of this case is likely to disturb the immigration control order, and there is a need for strict punishment for taking the labor force of foreigners who are not qualified for employment.

In addition, the defendant A was sentenced to a fine due to the same crime.

In addition, the sentencing conditions, such as the relationship between the Defendants, the period in which the Defendants employed foreigners who are unable to engage in job-seeking activities and operated, shall be determined as ordered in consideration of the overall sentencing conditions.