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(영문) 수원지방법원 2015.02.13 2015고정39
출입국관리법위반
Text

Defendants shall be punished by a fine of KRW 15,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A is the representative of the main company B in Pyeongtaek-si C, and Defendant B is a corporation established on November 25, 2010 for the purpose of plastic shooting, processing, etc.

1. As prescribed by Presidential Decree, Defendant A and the Defendant: (a) intended to be employed in the Republic of Korea by a foreigner who has the status of stay eligible for employment as prescribed by Presidential Decree; (b) no person is employed by a foreigner who has no status of stay eligible for employment; (c) from April 17, 2012 to July 24, 2014; (d) January 13, 2010; and (e) no status of stay eligible for employment by entering the status of visa exemption (B-1; 90 days); (c) KRW 1.5 million per month; and (d) from August 4, 2009 to July 24, 2014, the Defendant employed 20 foreigners who did not have the status of stay eligible for employment as indicated in the attached list of crimes.

2. From November 25, 2010 to July 24, 2014, Defendant B employed a foreigner who does not have the status of sojourn that the representative director of the Defendant did not have the same as that of the Defendant’s business as that of the foregoing paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to F, G, H, D, and I;

1. Application of Acts and subordinate statutes to each statement;

1. Article 94 subparagraph 9 of the Immigration Control Act and Article 18 (3) of the same Act; Article 94 subparagraph 2 of the same Act; Article 99-3 subparagraph 2 of the same Act; Article 94 subparagraph 9 of the same Act; Article 18 (3) of the same Act;

1. Defendants among concurrent crimes: former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act;

1. Defendant A to be detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act;

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