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Defendant
C All appeals against the Defendants by the Prosecutor and the Prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant C had lent the name of the company to Defendant A, but the foreign woman who did not have the status of stay in the instant case was managed by A, and the Defendant was unaware of employment arrangement for entertainment and did not have conspired with A.
Therefore, the court below erred by misapprehending the legal principles or by misapprehending the legal principles, which affected the conclusion of the judgment.
B. The sentence imposed by the prosecutor by the court below on the Defendants (a fine of five million won per fine) is too unfortunate and unfair.
2. Determination
A. The lower court determined that, in light of the following circumstances acknowledged by the evidence admitted by the lower court, the Defendant conspired with A to hire foreign women who entered the name of the principal’s entertainment planning company as entertainment workers for entertainment not falling under the status of stay provided in E-6 visa, based on the following circumstances, the lower court determined that it was sufficiently recognized that the Defendant arranged to employ foreign women who entered the name of the principal’s entertainment planning company as entertainment workers.
① The Defendant: (a) lent the name of the K in the Dispute Resolution to A to invite foreign women to the E-6 visa to dispatch them to the domestic business establishment; (b) in substance, he/she is allowed to directly manage the foreign women; and (c) submitted a letter of performance recommendation issued in the name of the K in the Dispute Resolution Council to the Immigration Management Office and delivered the visa issuance certificate number received to A; and (d) took charge of the part essential for realizing the crime of illegal dispatch of foreign women to A.
(2) A shall employ foreign women who actually invite to E-6 as entertainment workers for entertainment not falling under the status of stay prescribed in the relevant visa, and receive dispatch fees from the relevant businesses.
(3) The defendant shall be a foreign woman who was dispatched by the defendant at a entertainment establishment on August 2015.