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(영문) 수원지방법원 여주지원 2017.09.19 2017고단784

출입국관리법위반

Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a farmer who cultivates a strike in Leecheon-si B.

When any person desires to employ a foreigner, he shall employ in Korea a person having the status of sojourn eligible for employment in accordance with the Presidential Decree.

Nevertheless, on March 27, 2017, the Defendant employed Vietnam’s nationality C without obtaining the status of stay for job-seeking activities on March 27, 2017, paid 50,000 won per day, and employed 23 persons including 15 foreigners of Vietnam’s nationality, 7 foreigners of Malaysia’s nationality, and 1 foreign nationals of China’s nationality.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Written opinion;

1. Application of Acts and subordinate statutes on the list of employees;

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

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the number and employment period of the employed foreigners; (b) the age, sexual conduct, environment; and (c) the initial crime with no criminal history; and (d) the motive for the crime and the circumstances before and after the crime, etc., considered all the sentencing conditions under Article 51 of the Criminal Act.