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(영문) 광주지방법원 2017.04.20 2016고단5692
출입국관리법위반
Text

Defendant

A Imprisonment with prison labor for six months, Defendant B shall be punished by a fine of 15 million won, respectively.

However, Defendant A.

Reasons

Punishment of the crime

Defendant

A is the representative director of corporation B, and the defendant corporation B is a corporation established for the purpose of manufacturing automobile parts.

1. On March 10, 2016, Defendant A entered the budget branch of the Defendant Company in Chungcheongnam-nam Budget C and 1, as shown in the attached list of foreigners, from the budget branch of the Defendant Company, as well as the status of visa exemption (B-1), Defendant A employed nine (9) Thailand whose period of stay expires, and had nine (40,000 won a day-class 40,000 won and manufacture automobile parts, thereby having nine (9) foreigners who do not have the status of sojourn eligible for employment.

2. Defendant B, a representative of the Defendant, employed 9 foreigners who did not have the status of sojourn eligible for employment as described in paragraph (1) with respect to the Defendant’s business.

Summary of Evidence

1. Defendant A’s legal statement

1. A written accusation;

1. A written statement which is each Thai nation;

1. Application of statutes governing certified copies of corporate registers;

1. Article 94 subparag. 9, Article 18(3), and Article 18(1) (Selection of Imprisonment) of the Immigration Control Act (Article 94 subparag. 2, Article 94 subparag. 9, Article 18(3), and Article 18(3), and Article 18(1) of the Immigration Control Act;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act for the increase of concurrent crimes;

1. Defendant A who is subject to suspended execution: Article 62 (1) of the Criminal Act;

1. Defendant Company of the Provisional Payment Order: (a) considering the unfavorable circumstances in which both Defendants were sentenced to a fine for the same type of crime in 2013 as the grounds for sentencing under Article 334(1) of the Criminal Procedure Act; and (b) taking into account the circumstances favorable to the fact that the Defendants did not simply seek a cost reduction but did not seek a worker, taking into account that they reached the instant crime.

Comprehensively taking into account all the factors of sentencing, such as the number and period of foreigners employed illegally as well as these circumstances, each sentence is determined as ordered and the execution of imprisonment with prison labor for Defendant A is suspended.

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