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(영문) 제주지방법원 2019.04.26 2018고정197

출입국관리법위반

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A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

If a foreigner intends to be employed in the Republic of Korea, he/she shall obtain the status of sojourn eligible for employment, and no person shall employ any foreigner who has not obtained the said status of sojourn.

On September 9, 2017, the Defendant was employed on the condition that the status of stay for Jeju Non-Visa (B-2-2) that is a foreigner of Chinese nationality, who entered the Republic of Korea as the status of stay for Jeju Non-Visa (B-2-2) No. 6 of Jeju-si located in Jeju-si, 60 thousand won per day.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the suspect interrogation protocol on the accused prepared by the police;

1. Each entry in the employment statement B and C prepared;

1. Entry of an accusation against an immigration offender prepared by the head of the Ministry of Justice or Immigration Office;

1. Application of each Act or subordinate statute to each notice of decision on examining an immigration offender, and each short and long-term foreigner foreigner¡¯s detailed inquiry;

1. Article 94 subparagraph 9 of the Immigration Control Act and Article 18 (3) of the Act on the Punishment, etc. of Specific Crimes (Selection of Fine for Negligence);

1. former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act among concurrent crimes (aggravating concurrent crimes with punishment specified for a crime related to C which has become heavier than punishment);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order [the scope of applicable sentences under law] 50,000 won to 30,000 won to 50,000 won to 300,000 won to 300,000 won to a fine. However, compared with the fact that the immigration policy headquarters immigration investigation conducted on August 2017 by the immigration policy headquarters for foreigners and the detailed guidelines for the imposition of fines for negligence where two employees are employed for less than 3 months, the amount of the said fine is excessive.

It is so decided as per Disposition for the above reasons.