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(영문) 전주지방법원 군산지원 2016.07.13 2015고단1342

출입국관리법위반

Text

Defendant

A shall be punished by a fine of KRW 10,000,000, and by a fine of KRW 3,000,000, respectively.

Defendant

A above.

Reasons

Punishment of the crime

1. Defendant A is a person who operates the Land Processing Business Co., Ltd., Ltd. in the following cities:

A person is prohibited from employing a foreigner who does not have the status of stay eligible for job-seeking activities. However, from September 1, 2015 to November 10 of the same year, the Defendant employed from around September 1, 2015 to five persons, including Vietnam, who did not have the status of stay eligible for job-seeking activities, such as the list of crimes in the attached Form B, as a meat processing employee.

Accordingly, the defendant employed foreigners who did not have the status of sojourn eligible for job-seeking activities.

2. Defendant B is a corporation established for the purpose of meat processing, and the above A, the representative of the Defendant, was employed by the F, et al. of Vietnam, a foreigner, who did not have the status of sojourn eligible for job-seeking activities, such as Paragraph 1, at the same time and place as Paragraph 1.

Summary of Evidence

1. Defendant A’s legal statement

1. A written accusation;

1. Application of each written statement and Acts and subordinate statutes governing foreigner registration cards;

1. Article 94 subparag. 9 of the Immigration Control Act and Article 18 subparag. 3 (Selection of Penalty) of the same Act on the facts constituting an offense, Defendant A: Articles 99-3 subparag. 2, 94 subparag. 9, and 18(3) of the Immigration Control Act;

1. Defendants who are subject to aggravated concurrent crimes: the former part of Article 37 and Articles 38(1)2 and 50 of the Criminal Act;

1. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: Defendant A, on November 28, 2014, was sentenced to imprisonment with labor for a violation of Article 334(1) of the Criminal Procedure Act on November 28, 2014, and the above judgment became final and conclusive on December 6, 2014, and became final and conclusive on December 6, 2014, which led to the instant crime by employing foreign workers who are not re-qualified for employment; and the instant crime committed by a foreigner who employs a non-qualified for employment is a national and a foreigner having the qualification for employment.