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(영문) 청주지방법원 충주지원 2019.07.12 2019고단263

출입국관리법위반

Text

1. Defendant A shall be punished by a fine of KRW 10 million.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

Defendant

A is an employee in charge of the management and supervision of Defendant B's factory in Chungcheong-gun C, and Defendant B is a corporation established for the purpose of cosmetic packing business.

1. No person who has no status of sojourn eligible for job-seeking activities shall employ any person;

Nevertheless, on November 1, 2018, from around the same month to the 13th day of the same month, the Defendant promised to employ 28 foreigners who do not have the status of sojourn eligible to engage in employment activities, such as D (B-2) of Russia nationality, E (C-39), Chinese nationality E (C-39), and F (G-1) of the Kasia nationality, as shown in the list of crimes in the attached Form.

2. Defendant B’s employee who was the Defendant Company B, employed a person who did not have the above status of sojourn as to the Defendant’s business, thereby violating the Immigration Control Act.

Summary of Evidence

1. Legal statement of the defendant A and his agent G

1. A charge book (Evidence No. 1), - a certificate of employment of foreigners, - a statement of employment, and a notice of decision on examining an immigration offender; and

1. The police statement of H;

1. -Application of Acts and subordinate statutes (Evidence No. 13)

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Subparagraph 9 of Article 94 and Article 18 (3) of the Immigration Control Act (Selection of Fines);

(b) Defendant B stock company: Each subparagraph 2 of Article 99-3, Article 94 Subparag. 9, and Article 18(3) of the Immigration Control Act (Selection of Fines);

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention in a workhouse (Defendant A);

1. Selection of a fine, taking into account the confession of the reason for sentencing under Article 334(1) of the Criminal Procedure Act, the background of the crime, the criminal records, etc., of the order of provisional payment. 25 persons who are prescribed by the Enforcement Rule of the Immigration Control Act.