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(영문) 서울남부지방법원 2019.08.16 2019고정986
출입국관리법위반
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who operates the Yangcheon-gu Seoul Metropolitan Government Building B and the 5th floor with the “C” mutually.

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

Nevertheless, the Defendant, from September 1, 2018 to September 17, 2018, employed four general persons, including H, I, and J (B-1) with the same status of stay (B-1), from September 2, 2018 to September 17, 2018, to provide customers with a food of Thailand with the same status of stay (B-1), from September 2, 2018 to September 17, 2018, the Defendant: (a) employed four members of Thailand nationality with the same status of stay (B-1); (b) from September 7, 2018 to September 17, 2018; (c) provided them with monthly remuneration of KRW 110,000; and (d) provided them with food.

As a result, the defendant employed a foreigner who does not have the status of sojourn eligible for employment activities.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a charge (including a statement, etc. attached thereto);

1. Article 94 subparagraph 9 of the Immigration Control Act and Article 18 (3) of the same Act (Selection of Fine) concerning the applicable criminal facts and the selection of punishment;

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;

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