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(영문) 의정부지방법원 2016.05.19 2016고정258

출입국관리법위반

Text

Defendant shall be punished by a fine of KRW 8,000,000.

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 manufacturer of bicycle parts without trade name on the third floor in South Yangyang-si.

No person shall employ any foreigner who has no status of sojourn eligible for employment activities pursuant to relevant Acts and subordinate statutes.

Nevertheless, the Defendant employed the D of Chinese nationality from October 13, 2008 to July 8, 2015, which did not have the status of stay for being employed by the manufacturer of the above bicycle parts.

Summary of Evidence

1. Statement by the defendant in court;

1. A written employment statement of D;

1. Accusation of immigration offenders and application of statutes governing a certificate of employment of foreigners;

1. Article 94 subparagraph 9 of the relevant Act and Articles 18 (3) of the Immigration Control Act regarding criminal facts, the selection of fines, and the selection of fines;

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

1. The sentence was imposed in consideration of the fact that the defendant had no criminal record for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, and that the foreigner employed was only one person.