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(영문) 청주지방법원 2016.06.21 2016고단408
출입국관리법위반
Text

Defendants shall be punished by a fine of KRW 3,000,000.

Defendant

If A does not pay the above fine, 100.

Reasons

Punishment of the crime

1. Defendant A is a person who actually operates B Co., Ltd. in Jincheon-gun C.

No person who has no status of sojourn eligible for employment activities shall employ any person.

Nevertheless, around September 1, 2015, the Defendant employed 11 foreigners who did not have the status of stay to engage in job-seeking activities, such as the list of crimes in the attached Form, from around that time to November 4, 2015, when entering the company B as a short-term employment visa prior to his or her short-term employment visa and having already been staying in an illegal way since the expiration of his or her period of stay, as well as from around that time.

2. The actual operator of Defendant B’s Defendant Company A committed an offense, such as employing 11 foreigners who did not have the status of sojourn eligible for employment as set forth in the above 1.

Summary of Evidence

1. Defendant A’s legal statement

1. The protocol concerning the interrogation of each police suspect against Defendant A and E;

1. Written accusation and written confirmation of employment of foreigners;

1. Application of the business registration certificate, copy of subcontract contract, and certified copy of corporate registry;

1. Defendant A who commits a crime: Article 94 subparagraph 9 of the Immigration Control Act and Article 18 (3) of the Immigration Control Act: Subparagraph 2 of Article 99-3, Article 94 subparagraph 9 of the Immigration Control Act, and Article 18 (3) of the Immigration Control Act;

1. Selection of each selective fine for punishment (such as the fact that the crime committed against human resources shortage results in short-term employment, the fact that all the crimes are committed, the fact that the crime is committed, and the fact that there is no past record of punishment);

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 who is detained in a workhouse: It is so decided as per Disposition on the grounds of Articles 70(1) and 69(2) of the Criminal Act or more.

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