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(영문) 춘천지방법원 2018.07.24 2018고단536

출입국관리법위반

Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person shall employ any foreigner who has no status of sojourn eligible for employment activities.

Nevertheless, on February 26, 2018, from around April 11, 2018 to around 11, 2018, the Defendant employed 17 foreigners who did not have the status of sojourn eligible to engage in job-seeking activities, such as the entry in the list of crimes, by entering the Republic of Korea as “C” new construction site in Chuncheon-si B, as a non-professional employment (E-9), and by entering the Republic of Korea as a non-professional employment (E-9) and having the expiration date to pay KRW 12 to 20,000 per day.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Application of a copy of a notice of decision on examining an immigration offender and a copy of a certificate of foreign employment;

1. Article 94 subparagraph 9 of the relevant Act and Articles 18 (3) and (1) of the Immigration Control Act regarding criminal facts, the selection of fines, and the selection of fines;

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

1. The crime of this case on the grounds of sentencing under Articles 70(1) and 69(2) of the Criminal Act attracting a workhouse is an act of reducing employment opportunities for Koreans and foreigners having the status of stay, and may also hinder the immigration control of foreigners.

Therefore, strict punishment is required if the provisions of the Immigration Control Act on job-seeking activities and status of stay of foreigners are violated.

However, the defendant has no same record and there is no record of crime other than fine.

The defendant is led to confession and reflect, and compliance with the Immigration Control Act.

In full view of these circumstances, sentencing conditions such as the number of foreigners employed, employment period, age, criminal defendant's sex, environment, and circumstances after the crime are determined as ordered.