beta
(영문) 제주지방법원 2020.10.22 2020고정193

출입국관리법위반

Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

The defendant is a person who employs workers in a construction site or dry field without registration of a business operator.

No person shall employ any person having no status of sojourn eligible for employment activities.

Nevertheless, the Defendant, from October 20, 2018 to August 29, 2019, set the status of stay 110,000 won per day to B who is a Chinese citizen who does not have the status of stay to work from around October 20, 2018, and employed the said person as steel work site from around November 20, 2018 to around August 28, 2019, and employed the said Chinese citizen C as one hundred and twenty thousand won per day to the same Chinese citizen from around August 16, 2019 to around August 29, 2019, respectively, to pay KRW 110,00 per day to D, who is the same Chinese citizen, from around June 20, 2019 to August 29, 2019.

Accordingly, the defendant employed a person who has no status of sojourn eligible for job-seeking activities.

Summary of Evidence

1. Each statement of the defendant in his/her legal statement D, E, B, C, and F;

1. Application of Acts and subordinate statutes to an immigration offender, written opinion, written confirmation, written confirmation on employment of foreigners, each written confirmation on the receipt of wages, each of the immigration record meetings, each of the alien passport photographs, each notice on decision on examining each immigration offender, notification on transfer of illegal aliens, notification on hand-over of his/her whereabouts, work place, investigation report (related to the confirmation of the period of employment of

1. Article 94 Subparag. 9 of the Immigration Control Act and Article 18 (3) of the same Act, the choice of applicable laws and punishment concerning facts constituting an offense, and the choice 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;