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(영문) 창원지방법원 2020.10.06 2020고단1882

출입국관리법위반등

Text

Defendants shall be punished by imprisonment for one year.

Provided, That each of the above punishments shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around December 16, 2013, the Defendants are those operating a manufacturing shop business in the name of “D” in the name of Defendant B from Kimhae-si, Kimhae-si.

No person shall arrange or solicit the employment of a person with no status of sojourn eligible for employment activities as a business, as prescribed by Presidential Decree, and no person may operate a labor supply business without the permission of the Minister of Employment and Labor.

On November 16, 2015, at the above D office, the Defendants agreed to receive KRW 1,000 per working hours of each worker in return for the supply of Chinese workers in the above D office from the person in charge of the E Kimhae Factory, Co., Ltd., to the above D office at the same address, and supplied group tourer (C3) who entered the above factory to E Kimhae Factory, and had the Chinese workers employed in the Embry Factory from around that time to April 16, 2019. At the same time, the Defendants arranged the employment of 61 Chinese workers who did not have the status of employment as shown in the annexed list of crimes to Embry Factory, and supplied them to Emban Factory.

As a result, the Defendants conspired to arrange the employment of those who do not have the status of sojourn eligible for job-seeking activities as a business and provided labor supply business without obtaining the permission of the Minister of Employment and Labor.

Summary of Evidence

1. The defendants' legal statement G, each witness (a list of foreigners exposed to attached Form)'s statement, accusation of the police officer's statement, copies of immigration offense control report, immigration offender control report, immigration offender list, emergency detention certificate, employment certificate, foreigner's personal information, immigration status, passbook copy, business registration certificate, contract document, business registration certificate, transfer results inquiry, benefit ledger, and details of investigation report, and the application of Acts and subordinate statutes

1. Article 94 Subparag. 10 of the Immigration Control Act, Article 18(4) of the Criminal Act as to the facts constituting an offense.