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(영문) 대전지방법원 2017.04.13 2017고정265

출입국관리법위반

Text

Defendants shall be punished by a fine of KRW 5,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

1. Defendant A is a person engaged in the business of manufacturing edible milk under the trade name, “B stock company” in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun.

When intending to employ a foreigner, persons having the status of sojourn eligible for employment in Korea shall be employed under the conditions as prescribed by the Presidential Decree.

Nevertheless, from August 19, 2008 to October 10, 2016, Defendant A employed Defendant A, who entered the Republic of Korea with tourism visa from the Minister of Justice, at the intervals of KRW 2 million per month, with the employment of KRW 47 million per month.

2. Defendant B Co., Ltd. committed the same offense as the representative A with respect to his business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Accusation of an immigration offender;

1. A written statement of Russia, Mazbestan, Kazakhstan;

1. Application of Acts and subordinate statutes to investigation reports (a certified copy of corporate registry);

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 94 subparag. 9 of the Immigration Control Act and Article 18 subparag. 3 (Selection of Penalty) of the Immigration Control Act;

(b) Defendant B: Subparagraph 2 of Article 99-3, Article 94 Subparag. 9, and Article 18 Subparag. 3 (Selection of Penalty) of the Immigration Control Act

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act, each of the orders for provisional payment;