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(영문) 수원지방법원 안산지원 2020.02.26 2019고단4440

출입국관리법위반

Text

Defendant

A Imprisonment for six months, Defendant B shall be punished by a fine of 10,000,000 won.

However, the defendant A.

Reasons

Punishment of the crime

Defendant

A is the representative director of the member-gu C building in Ansan-si and the B corporation in subparagraph d, and the defendant B corporation is a corporation established for the purpose of reinforced concrete construction business.

1. No person who has no status of sojourn eligible for employment in the Republic of Korea shall employ any foreigner;

Nevertheless, from July 10, 2019 to July 18, 2019, the Defendant employed 12 foreign nationals who did not have a legitimate status of stay for employment during the aforementioned period as indicated in the attached list of crimes, including employment of Chinese nationals who did not have a legitimate status of stay for employment at the F New Construction Work Site in charge of the above company located in Seocho-gu Seoul, Seocho-gu, Seoul, as an employee of the above company.

2. From July 10, 2019 to July 18, 2019, Defendant B, a representative director, employed 12 foreigners who did not have the status of sojourn eligible to engage in job-seeking activities as shown in the annexed crime list, and committed an offense.

Summary of Evidence

1. Defendant A’s legal statement

1. Each statement of H, I, J, K, L, M,O, G, P, Q, and R;

1. Application of written opinions, written decisions, written confirmations on foreign employment;

1. Article 94 subparagraph 9 of the Immigration Control Act and Article 18 (3) of the same Act, and Article 94 subparagraph 2 of the same Act, and Articles 99-3 subparagraph 9 of the same Act, and Articles 94 subparagraph 9 and 18 (3) of the same Act, respectively;

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

1. In light of the number of foreigners employed for the reason of sentencing under Article 62(1) of the Criminal Act and the employment period, etc., the number of violations of the Act is not small: Provided, That all circumstances, including that Defendant A has no record of punishment for the same kind of crime, shall be considered;