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(영문) 인천지방법원 2016.06.09 2016고단1657

출입국관리법위반

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months and by a fine not exceeding three million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

From June 2015, the defendant has been working as a field leader who manages and supervises the figures in the construction site in Gyeonggi-do, D from June 2015, the defendant has been working as a non-resident of Chinese nationality who has been staying in the Republic of Korea as a visa.

1. No person shall conceal or allow any foreigner who has illegally entered the Republic of Korea to flee from the Republic of Korea, or provide any means of transportation for such purposes with respect to such foreigner;

On January 5, 2016, the Defendant: (a) at a restaurant located in Gyeonggi-gu, Gyeonggi-gu, Gyeonggi-do, 08:00 on January 5, 2016, the Defendant knew that F was illegally entering the Republic of Korea beyond the fence of Incheon Port around 02:00 on the same day; (b) but he was carrying F into his own car and carried in F at the seat of Gyeonggi-do, G, and 200,000 won in cash; (c) paid F one cellular phone and 200,000 won in cash; (d) continuously carried F on his car at around 21:0 on the same day to the south-gu, Seoul Metropolitan City, with its own car and to assist F and F to settle in the Republic of Korea (hereinafter referred to as “I”).

Accordingly, the defendant concealed and allowed foreigners who illegally entered the Republic of Korea, and provided means of transportation for such purposes.

2. No person who violates the Immigration Control Act under the placement of employment of foreigners having no status of sojourn shall arrange or solicit the employment of foreigners having no status of sojourn eligible for employment activities in the Republic of Korea;

Nevertheless, from June 2015, the Defendant, as an employee of the J, who was a constructor from around June 2015, had been working as the on-site leader in charge of the management and supervision of the human body at the construction site, and was instructed by J to tell him, and arranged employment by introducing a foreigner who has not been granted status of stay three times as follows to the J.

A. On July 3, 2015, the Defendant is in the construction of DGS in the Hanam-si, Gyeonggi-do.