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(영문) 수원지방법원 평택지원 2018.12.14 2018고단1545
출입국관리법위반
Text

Defendant

A shall be punished by imprisonment for six months, by a fine of 7,00,000 won for Defendant Incorporated Company B

, however, the defendant.

Reasons

Punishment of the crime

No person shall employ a person who has no status of sojourn eligible for employment activities in the Republic of Korea.

1. From July 5, 2018 to August 28, 2018, Defendant A employed 13 foreign nationals of Thailand nationality who did not have the status of stay eligible for employment in the Republic of Korea as an employee, including employment of D ( South and North Korea) who is a foreigner of Thai nationality who did not have the status of stay eligible for employment in the Republic of Korea, as described in the list of crimes in the attached Table.

2. The Defendant Co., Ltd. committed the same offense as that set forth in paragraph (1) at the time and place described in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. A written accusation against an immigration offender;

1. Current status of long-term stay of foreigners;

1. Application of Acts and subordinate statutes governing registration;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Articles 94 subparag. 9 and 18 subparag. 3 of the Immigration Control Act, and each choice of imprisonment

(b) Defendant Incorporated Company B: Subparagraph 2 of Article 99-3, Article 94 subparagraph 9, and Article 18 (3) of the Immigration Control Act;

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

1. Defendant A: Article 62 (1) of the Criminal Act (The following favorable circumstances):

1. Defendant Incorporated Company B: (a) considering the social harm, etc. of the instant crime that interferes with the purpose of sentencing under Article 334(1) of the Criminal Procedure Act, such as the number and employment period of workers who illegally employed the reason for sentencing; (b) the normalization of the employment market; and (c) promoting the illegal stay of the relevant foreigners; (c) however, the liability for the crime is not less complicated; (d) the Defendants recognized and against the mistake; (e) there is no record of criminal punishment exceeding the same criminal history and fine against Defendant A; and (e) the background leading up to the crime.

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