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(영문) 의정부지방법원 2017.11.30 2017고정2248

출입국관리법위반

Text

Defendants shall be punished by a fine of KRW 9,000,000.

Defendant

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

Reasons

Punishment of the crime

Defendant

A is the representative of Simcheon-si C Co., Ltd. and Defendant B is a corporation engaged in textile salt processing business.

1. The defendant A shall not employ a foreigner who does not have the status of sojourn eligible for employment activities;

Nevertheless, on December 30, 2016, from around March 16, 2017 to around March 16, 2017, the Defendant employed six foreigners who did not have the status of sojourn that does not enable them to engage in job-seeking activities, including paying KRW 1,300,00 per month the nationality of the Thailand (E) who is not eligible to engage in job-seeking activities, and employing them as employees.

2. Defendant B, the representative of Defendant B’s Defendant, employed a foreigner who does not have the status of sojourn eligible to engage in job-seeking activities in relation to the Defendant’s business, such as the aforementioned “paragraph 1”.

Summary of Evidence

1. Defendants’ legal statement

1. Accusation of an immigration offender, written opinion, written notice of decision on examining an immigration offender, written confirmation on employment of a foreigner, written statement of solar state, and complete certificate of registration;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

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

A. Defendant A: Articles 94 subparag. 9 and 18 subparag. 3 of the Immigration Control Act, and the choice of each fine

(b) Defendant B: Articles 99-3 subparag. 2, 94 subparag. 9, and 18 subparag. 3 of the Immigration Control Act;

1. Defendants who are subject to aggravated concurrent crimes: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act;

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

1. Defendants of the provisional payment order: (a) examining the reasons for sentencing under Article 334(1) of the Criminal Procedure Act; (b) recognizing all the criminal facts of the instant case, the Defendants are against their mistake; and (c) Defendant A has no record of special criminal punishment except for those punished twice by a fine due to the crime of defamation of honor in 1999.