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(영문) 창원지방법원 밀양지원 2015.07.02 2015고단121
출입국관리법위반
Text

Defendant

A shall be punished by imprisonment with prison labor for four months, by a fine of five thousand won,00,000 won.

However, the defendant A.

Reasons

Punishment of the crime

1. No person who is a defendant A shall employ any person having no status of sojourn eligible for employment activities;

Nevertheless, on August 28, 2014, the Defendant employed 10 foreigners who were not eligible for employment status as shown in the attached list of crimes, including employment of Cambodia’s nationality, the period of stay of which has expired in the State-owned (State-owned)B, and whose period of stay has expired from October 6, 2014.

2. The representative A of the Defendant Company B employed 10 foreigners who did not have the aforementioned employment eligibility status at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant A’s legal statement

1. Statement of employment;

1. Application of Acts and subordinate statutes to a written accusation, business registration certificate, and written notice of examination and decision;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 94 Subparag. 9 of the Immigration Control Act and Article 18 (3) of the Immigration Control Act (Selection of Imprisonment);

(b) Defendant B corporation: Subparagraph 2 of Article 99-3, Article 94 Subparag. 9, and Article 18(3) of the Immigration Control Act

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

1. Defendant A: Article 62 (1) of the Criminal Act;

1. Defendant B stock company: Article 334 (1) of the Criminal Procedure Act;

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