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(영문) 서울서부지방법원 2018.08.17 2018고정407

출입국관리법위반

Text

Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the representative of the Bank of Korea, which is a company operating the Round travel business.

No person shall arrange or solicit the employment of a person not holding the status of sojourn.

From October 2017 to November 30, 2017, the Defendant paid 6,700,000 won, and paid 6,700,000 won to tourists, who are Chinese nationals staying in the capacity of tourism visa (B-2), who are not the status of stay eligible for job-seeking activities, in the office of the said stock company located in Yongsan-gu Seoul Metropolitan Government.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a written accusation (including accompanying documents, such as written statements);

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

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

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

1. Circumstances favorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The amount of a fine shall be determined by taking into consideration the amount reduced within the limit of 1/2 of the standard amount set by the Enforcement Rule of the Immigration Control Act, taking into account all the circumstances, such as the defendant's age, sex, criminal conduct, environment, motive and background of the crime, means and result of the crime, circumstances after the crime, criteria for the determination of a penalty as prescribed by the Enforcement Rule of the Immigration Control Act, etc.