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(영문) 대구지방법원 2014.04.09 2014고정238

출입국관리법위반

Text

Defendant

A A shall be punished by a fine of KRW 5,000,000, and a fine of KRW 3,000,000, respectively, for Defendant B.

Defendant

A above.

Reasons

Punishment of the crime

1. No person who is a defendant A shall employ any person having no status of sojourn eligible for employment activities;

Nevertheless, around April 30, 2011, the Defendant employed the illegal aliens who do not have the status of stay that could engage in job-seeking activities by employing D and E who are the illegal aliens of the Republic of Korea in the direct water manufacturing chain Co., Ltd. (hereinafter referred to as the “Defendant”), which is operated by the Defendant in Busan City, from August 22, 2011, by having them work until August 22, 2013.

2. Defendant B, at the time and place specified in paragraph (1), had Defendant A, the representative director of the defendant, employed the above D who did not have the status of sojourn eligible for job-seeking activities in the same manner as described in paragraph (1).

Summary of Evidence

1. Defendant A’s legal statement

1. Written statements of D;

1. Application of Acts and subordinate statutes governing the examination and decision of immigration offenders, written notice of confirmation on employment of foreigners, and recorded foreigners;

1. Article 94 Subparag. 9 of the former Immigration Control Act (Amended by Act No. 12195, Jan. 7, 2014); Articles 94 Subparag. 9 and 18(3) of the former Immigration Control Act; Articles 99-3 Subparag. 2, 94-9 and 18(3) of the Immigration Control Act;

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

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;