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(영문) 전주지방법원 정읍지원 2019.07.23 2019고정36
출입국관리법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who operates a “C farm” in Dong-Eup City B.

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

Nevertheless, during the period from September 1, 2018 to November 1, 2011 of the same year, the Defendant obtained visa exemption (B-1) which is the status of stay in which he/she is unable to work in the Republic of Korea in the above C farm operated by the Defendant, and employed D (Nam, 29 years old) which is an solar state in illegal stay for tourism purposes, with the aim of growing mushroom.

The defendant, including this, employed 8 foreigners who did not have the status of sojourn eligible for employment in the Republic of Korea as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation against an immigration offender;

1. Each certificate of foreign employment;

1. The application of a written notice on review and decision ( nine cases) and each written statement to an immigration offender;

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. The Defendant employed 8 foreigners who did not have status of stay for the sentencing period under Article 334(1) of the Criminal Procedure Act, for not more than 3 months.

It was considered that the defendant had no criminal record for the same kind of crime and that the defendant was a first offender.

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