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(영문) 수원지방법원 안산지원 2013.12.17 2013고정1819

출입국관리법위반

Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 1,000,000.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

A is the representative of the corporation B in Ansan-si, a member-gu, and the defendant corporation B is a corporation with the purpose of processing livestock products.

1. Defendant A illegally employed the Pakistan, which did not have the status of stay eligible for job-seeking activities, from January 28, 2013 to February 18, 2013, on condition that the Defendant would give KRW 70,000 per day from January 28, 2013.

2. Defendant B, in relation to the Defendant’s business at the above date, time, and place, the Defendant illegally employed Pakistan nationality D, the representative of which was not granted the above status of stay.

Summary of Evidence

1. Defendants’ respective legal statements

1. The suspect interrogation protocol of the defendant A by the police;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to investigation reports (Evidence records 55 pages);

1. Article 94 subparagraph 9 of the Immigration Control Act and Article 18 (3) of the same Act (the employment of a person who does not have the status of sojourn eligible for employment activities, the selection of fines), Defendant B, a stock company: Article 99-3 subparagraph 2, Article 94 subparagraph 9, Article 18 (3) of the Immigration Control Act (the fact that the representative of a corporation employs a person who does not have the status of sojourn eligible for employment activities, and the selection of fines);

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.