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(영문) 대구지방법원 2015.10.23 2015고정2051

출입국관리법위반

Text

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

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A is a representative director who operates the Dispute Resolution Co., Ltd. in Daegu Northern-gu D Logistics Terminal, and Defendant B is a corporation established for the purpose of service transportation, logistics, cargo, etc.

Defendant

A If a foreigner intends to be employed in the Republic of Korea, he/she shall obtain the status of stay that allows him/her to engage in job-seeking activities in accordance with what is prescribed by Presidential Decree, and no person shall employ any foreigner who has no status of stay that allows him/her to engage in job-seeking activities, but he/she shall employ the same month within the above D Logistics Terminal C located in Daegu North Korea-gu, Daegu

3. Having entered the Korean language training (D-4-1) visa and employed 11 non-qualified foreigners, as shown in the annexed List of Crimes, on condition that Sri Lankan nationality E, who is not qualified for employment at the Gyeongbuk University, would be paid at an urgent level of 6,000 won.

Defendant

B had Defendant A employed a foreigner who is not qualified for employment as above with respect to his business.

Summary of Evidence

1. Defendant A’s legal statement

1. Each statement of E, F, G, H, I, J, K, L, M, N, andO;

1. Comprehensive records review of persons related to entry or departure;

1. Application of Acts and subordinate statutes to a copy of registration;

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

A. Defendant A: Article 94 Subparag. 9 of the Immigration Control Act, Article 18(3) of the Immigration Control Act, the selection of fines

B. Defendant B: Article 99-3 subparag. 2, Article 94 subparag. 9, and Article 18(3) of the Immigration Control Act; selection of fines

1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act