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(영문) 대전지방법원홍성지원 2020.08.25 2020고정91
출입국관리법위반
Text

The punishment against the Defendants shall be prescribed by a fine of five million won, respectively.

Defendant

A does not pay the above fine.

Reasons

Punishment of the crime

1. Defendant A is a person who operates a stock company B, which is a wholesale and retail company of agricultural products in Chungcheongnam-gun budget group C.

From April 5, 2018 to October 22, 2019, the Defendant employed 18 foreign total of 18 foreign nationals as indicated in the list of names of foreigners in Thailand (“Defendant”) that did not have the status of stay to engage in job-seeking activities in the said business.

2. A, the representative of the Defendant B’s Defendant Company, employed a foreigner who is unable to engage in job-seeking activities as described in the above paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the Thai State Statement, an investigation record of each suspect, an investigation record of the Thai State, a copy of the Russia Statement, two copies of each Thai State Statement, two copies of each Russia Statement, two copies of the Chinese Statements, and one copy of the Calsia Statement;

1. Application of the Acts and subordinate statutes of 13 copies of the entry and departure records, 2 copies of the registered foreigner's records, 3 copies of the entry and departure records; and

1. Defendant A of the relevant legal provision applicable to the facts constituting an offense: Subparagraph 9 of Article 94 of the Immigration Control Act and Article 18 (3) of the same Act (Selection of Fines): Subparagraph 2 of Article 99 of the Immigration Control Act, Article 94 subparagraph 9 of the same Act, and 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: In full view of the following factors: (a) the reason and circumstance leading up to the crime of sentencing under Article 334(1) of the Criminal Procedure Act; (b) the number of foreigners having to work; (c) equity with similar cases; and (d) the age, occupation, status of property; (d) criminal records; and (e) the scale of the environment and the estimated sale of Defendant B, etc., the amount of fine prescribed by the summary order does not seem to have

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