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(영문) 수원지방법원 성남지원 2015.12.09 2015고단2458

출입국관리법위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who operates the “C” for the purpose of processing and packing household products in Gyeonggi-si.

No person shall employ any person having no status of sojourn eligible for employment activities, as prescribed by Presidential Decree.

Nevertheless, around October 6, 2015, the Defendant employed a person who does not have the status of stay that allows eight persons to engage in job-seeking activities, such as the list of crimes in the attached Form, as described in the list of crimes, as well as employment of D, whose Chinese nationality does not have the status of stay eligible to engage in job-seeking activities in the above “C”, on the package of goods at 70,000 won per day.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Application of Acts and subordinate statutes to each foreigner's statement;

1. Article 94 subparagraph 9 of the Immigration Control Act and Article 18 (3) of the same Act concerning the facts constituting an offense;

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

1. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act include eight foreigners who did not have the status of sojourn for the defendant to engage in job-seeking activities. However, each period of employment is less than 10 days, the defendant's business conditions seems to inevitably employ the above foreigners, and the defendant is only three times punished by a fine for violating the Establishment of Homeland Reserve Forces Act, and the defendant has only three times punished by a fine for violating the Establishment of Homeland Reserve Forces Act, and there is no other crime punished, the punishment shall be determined as ordered by the order, taking into account all the sentencing conditions favorable to the defendant, such as the defendant's age, character and conduct, and circumstances