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(영문) 부산지방법원 동부지원 2019.09.04 2019고단879
출입국관리법위반
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

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

Nevertheless, from March 3, 2019 to April 18, 2019, the Defendant employed a total of six foreigners, as shown in the attached list of crimes, in the “C” operated by the Defendant located in Busan-gun, Busan-gun, as well as employment of Russia’s nationality who did not have the status of sojourn eligible for employment in the Republic of Korea.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to accusation an immigration offender, each written statement, and detailed investigation of immigration records;

1. Article 94 Subparag. 9 of the Immigration Control Act and Article 18 (3) of the same Act, the choice of applicable laws and punishment concerning facts constituting an offense, and the choice of fines;

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 reason for sentencing of Article 334(1) of the Criminal Procedure Act for the sentencing of the instant crime lies in the aspect of hindering the normalization of the employment market and promoting the illegal stay of foreigners.

However, the decision is made as ordered by considering the fact that the defendant is divided into his mistake, the details, period and number of foreigners, and the age, character and conduct, environment, motive of the crime, circumstances after the crime, etc. of the defendant.

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