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(영문) 수원지방법원 평택지원 2016.06.23 2016고정164

출입국관리법위반

Text

Defendants shall be punished by a fine of KRW 3,000,000.

Defendant

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

Reasons

Punishment of the crime

1. Defendant A is the B representative director of the Company B.

No person shall employ any foreigner who has not obtained the status of sojourn eligible for employment activities.

Nevertheless, on May 04, 2015, the Defendant employed three foreigners who did not obtain the status of stay that could engage in job-seeking activities, such as the attached list of crimes, on condition that the Defendant would pay KRW 70,000 to Vietnam, who did not obtain the status of stay that could engage in job-seeking activities in Pyeongtaek-si C and B.

2. Defendant B, as above, employed three foreigners who did not obtain the status of stay that a representative A would engage in job-seeking activities.

Summary of Evidence

1. Defendant A’s legal statement

1. Application of Acts and subordinate statutes to written accusation and written confirmation of employment of foreigners;

1. Article 94 subparag. 9 of the Immigration Control Act and Article 18 subparag. 3 (Selection of Penalty) of the same Act on the facts constituting an offense, Defendant A: Articles 99-3 subparag. 2, 94 subparag. 9, and 18(3) of the Immigration Control Act;

1. Defendants who are subject to aggravated concurrent crimes: the former part of Article 37 and Articles 38(1)2 and 50 of the Criminal Act;

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

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act