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(영문) 대전지방법원 2016.11.11 2016고정1002

출입국관리법위반

Text

1. Defendant A shall be punished by a fine of four million won, and Defendant B shall be punished by a fine of three million won.

2. Defendant A.

Reasons

Punishment of the crime

Defendant

A is a person who is the representative director of Class B in Category C, and Defendant B is a corporation of the business of manufacturing mutual assistance devices.

(a) No person who is a defendant shall employ a foreigner who does not have the status of sojourn eligible for employment activities;

Nevertheless, the Defendant, from November 1, 2015 to January 21, 2016, provided that five persons, including G 5H, were to pay KRW 1.6 million to KRW 1.6 million per month, and that five persons, including G 5H, were employed.

B. Defendant B, at the same time and place as the above paragraph (a) above, committed an act of violation as the representative director A committed the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written accusation of an immigration offender, written opinion, written notice of decision on immigration offender, written confirmation, business registration certificate, and certified copy of the corporate register;

1. Each notice of determination on an immigration offender, and each written statement;

1. Application of Acts and subordinate statutes to immigration offenders;

1. Article 94 subparagraph 9 of the Immigration Control Act and Article 18 (3) of the same Act; Article 94 subparagraph 2 of the same Act; Article 99-3 subparagraph 9 of the same Act; Articles 94 subparagraph 9 and 18 (3) of the same Act;

1. Defendants among concurrent crimes: former part of Article 37, Articles 38(1)2 and 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: The reasons for sentencing under Article 334(1) of the Criminal Procedure Act appear to have led to the instant crime due to the shortage of human resources due to the domestic manufacturers’ challenge in their employment; Defendant B appears to have experienced business difficulties; Defendant A is in conflict with each other; Defendant A has no criminal history of the same kind of crime; and other records and arguments, including the number of foreign workers employed by the illegal employer and the period of employment.