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(영문) 의정부지방법원 2018.11.13 2018고단3308

출입국관리법위반

Text

Defendant

A Imprisonment for 6 months, Defendant B shall be punished by a fine of 10,000,000 won, respectively.

However, the defendant A.

Reasons

Punishment of the crime

Defendant

A is a representative D who works as a general secretary director of corporation B in both weeks, and is engaged in all business affairs of the company from the representative D, including employment of employees, and Defendant B is a corporation established for the purpose of manufacturing business, etc.

1. On July 25, 2017, from around February 8, 2018 to around February 2018, Defendant A employed 26 foreigners who do not have the status of sojourn eligible to engage in job-seeking activities as well as the status of sojourn eligible to pay monthly pay KRW 1,700,000,000, and employ employees as well as 26 foreigners who did not have the status of sojourn eligible to engage in job-seeking activities, such as the list of crimes in the attached Table.

2. Defendant B, as seen above, committed a violation with respect to Defendant B’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police against D;

1. 고발장, 외국인 고용 확인서, 사업자등록증, 출입국사범심사결정 통고서, 등기� ㅇ 전부 증명서, ㈜B 조직도, 수사보고( 범죄 일람표 중 일부 외국인의 고용기간 수정) 법령의 적용

1. Defendant A who commits a crime: Article 94 subparagraph 9 of the Immigration Control Act, Article 18 (3) of the Immigration Control Act, Article 99-3 subparagraph 2 of the Immigration Control Act, Article 94 subparagraph 9 of the Immigration Control Act, and Article 18 (3) of the Immigration Control Act;

1. Defendants who are subject to aggravated concurrent crimes: the former part of Article 37 and Articles 38(1)2 and 50 of the Criminal Act;

1. Defendant A: Article 62 (1) of the Criminal Act;

1. Defendant B corporation with the provisional payment order: The size and period of employment of the illegal aliens of this case for the reason of sentencing of Article 334(1) of the Criminal Procedure Act, and comprehensive consideration of the facts that Defendant A had no criminal record of the same kind;