beta
(영문) 수원지방법원 여주지원 2018.10.17 2018고단750

출입국관리법위반등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall engage in labor supply business without obtaining the permission of the Minister of Labor for employment, and arrange the employment of foreigners who do not have the status of sojourn eligible for employment activities in Korea.

Nevertheless, from March 20, 2018 to March 28, 2018, the Defendant, without obtaining a labor supply business permit from the Minister of Labor, left 38 foreigners listed in the attached Table, such as Thailand nationality B, etc. where he/she did not have the status of sojourn eligible for employment activities, and had 30,000 won in total by arranging the said foreigners to employ the said foreigners in KRW 70,00 per day and acquiring 10,000 out of the above daily wage, thereby gaining profits equivalent to KRW 3,420,00 in total.

Accordingly, the Defendant conducted labor supply business without obtaining permission, and arranged the employment of foreigners who do not have status of stay.

Summary of Evidence

1. Statement by the defendant in court;

1. Accusation of an immigration offender;

1. Written review and decision;

1. A written confirmation on the employment of foreigners (mediation) and a list of foreigners;

1. Application of Acts and subordinate statutes to each notice of decision on examining an immigration offender;

1. Article 94 subparagraph 10 of the relevant Article of the Immigration Control Act and Article 18 (4) of the Immigration Control Act (hereafter referred to as "unauthorized labor supply business") on criminal facts; Articles 47 subparagraph 1 and 33 (1) of the Employment Stabilization Act (hereafter referred to as "unauthorized labor supply business");

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (Punishments imposed on a person who violates the Occupational Stabilization Act with more severe punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Articles 10(1) and 8(1) of the Act on Regulation and Punishment of Concealment of Criminal Proceeds is committed by taking part (14%) of the wages of foreign workers in the middle, while engaging in a labor supply business without permission.