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(영문) 인천지방법원 2018.02.02 2017고정1030

출입국관리법위반

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who operates a lodging establishment with the trade name, “Del” located in Nam-gu Incheon Metropolitan City.

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

Nevertheless, on July 23, 2016, the Defendant employed the said accommodation on the condition that he would pay KRW 50,000 per day to E (F) of Y, G (H), and Chinese nationality I (J, South and North) of Y, which did not have the status of stay to engage in job-seeking activities from around July 23, 2016 to July 27, 2016.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness K and L;

1. A written statement (Evidence records 14, 15 pages) and M;

1. Application of the statute of origin to each of the Republic of Korea by the accusation filing and the illegal aliens employed in the contact with Defendant’s management.

1. Article 94 subparagraph 9 of the relevant Act and Article 18 subparagraph 3 of the Immigration Control Act, the selection of fines for criminal facts, and the selection of fines for negligence;

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

3. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

4. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment.