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(영문) 의정부지방법원 고양지원 2015.08.13 2015고단1488

출입국관리법위반

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

From September 7, 2014 to February 12, 2015, the Defendant employed the D’s nationality of Thailand, which was not eligible to engage in job-seeking activities, as the monthly salary of KRW 1.7 million, from around September 7, 2014 to around February 12, 2015.

In addition, the Defendant employed five foreigners who were not qualified to engage in job-seeking activities in the aforementioned way five times from September 4, 2014 to February 12, 2015, as indicated in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the written accusation, written opinion, written notice of decision on examining an immigration offender, business registration certificate, and written statement of sojourn;

1. Relevant Article 94 subparagraph 9 of the Immigration Control Act, Article 18 (3) of the same Act concerning the facts constituting an offense, and selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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 is that the defendant did not pay the penalty amounting to KRW 8,00,000 for the crime of this case even after receiving a notification of the penalty amounting to KRW 8,00,000 for the crime of this case; the purpose of legislation of the Immigration Control Act which regulates a foreigner to engage in job-seeking activities in the Republic of Korea after obtaining a certain sojourn qualification; balance with the detailed guidelines for paying the penalty amount for an immigration offender provided for in the attached Table of the Enforcement Rule of the Immigration Control Act; and in other cases, the court accepted and sentenced the amount of the penalty amount of the administrative agency's notification disposition as it is; however, in this case, the above penalty amounting to KRW 8,00,00 for the above penalty amount is determined as a fine, but there is no other history of punishment than a minor fine, and there is no other history of punishment other than once, the period for which the foreigner who does not have a sojourn qualification to engage in the