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(영문) 대전지방법원 2017.02.22 2016고단3403

출입국관리법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who operates a job placement office business under the trade name of "C" in Class C B.

When a foreigner intends to be employed in the Republic of Korea, he/she shall obtain the status of sojourn eligible for employment activities, and no person shall arrange the employment of a foreigner who does not have the above status of sojourn.

Nevertheless, on April 5, 2016, the Defendant was permitted to stay until July 1, 2012 with a claim for industrial accidents and status of stay (G-1-1) in the same workplace, but did not depart from the Republic of Korea during the period of time, and arranged employment to work in “E” and received KRW 10,000 (the amount equivalent to 100,000 won per day of D) in the name of brokerage fees.

As a result, the defendant arranged the employment of foreigners who do not have the status of sojourn eligible for employment activities as a business.

In addition, the Defendant arranged employment of D, a foreigner who did not have the status of stay to engage in job-seeking activities, such as the written list of crimes, in the same manner four times between April 5, 2016 and April 11, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Each investigation report and accompanying documents (the list Nos. 3 and 5), employment account books;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 94 subparagraph 10 of the relevant Act and Articles 18 (4) of the Immigration Control Act (generally, selection of fines) concerning facts constituting an offense;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;