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(영문) 인천지방법원 2014.04.18 2014고정1088
출입국관리법위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 1,500,000.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. is a company established for the purpose of household manufacturing in Dong-gu Incheon Metropolitan City, and Defendant A is the representative director of the above company.

1. Although Defendant A was not allowed to employ a foreigner who does not have the status of sojourn eligible for job-seeking activities, Defendant A employed Defendant A on the condition that Defendant A, i.e., Vietnam, and F, who did not have the status of sojourn eligible for job-seeking activities between March 1, 2013 and November 29, 2013, pay monthly wage of KRW 1.7 million, respectively.

As a result, Defendant A employed three foreigners who do not have the status of sojourn eligible for employment activities.

2. Defendant B, at the date and place specified in paragraph (1), Defendant B, the representative director of Defendant B, had three foreigners employed who did not have the status of sojourn eligible for employment as described in paragraph (1) as to the business of Defendant B, as described in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement (three Vietnamese);

1. Application of the Acts and subordinate statutes to all the registered matters;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Articles 94 Subparag. 9 and 18(3) of the former Immigration Control Act (amended by Act No. 12195, Jan. 7, 2014; hereinafter the same) of the same Act; the choice of fines

(b) Defendant B: Each of the items of Article 99-3, Article 94, subparagraph 9, and Article 18 (3) of the former Immigration Control Act

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

1. Defendant A at a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. It is so decided as per Disposition for the reasons under Article 334(1) of the Criminal Procedure Act above, each of the provisional payment orders;

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