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(영문) 수원지방법원 여주지원 2020.05.27 2020고단62
출입국관리법위반
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who operates an entertainment drinking house under the trade name of “C” in the Gyeonggi-do Emb.

No person shall employ any foreigner not eligible for sojourn status.

Nevertheless, from around December 10, 2019 to December 12, 2019, the Defendant employed 16 foreigners who did not have the status of stay for job-seeking activities in the aforementioned “C” as employees, including D of the Russian nationality, E of Thailand nationality, and 16 foreigners who did not have the status of stay as specified in the attached list of foreigners employed.

As a result, the defendant employed a foreigner who does not have the status of sojourn eligible for employment activities.

Summary of Evidence

1. Defendant's legal statement;

1. Business registration certificate;

1. A certificate;

1. A certificate of foreign employment;

1. Statement of employment of an employee foreigner;

1. Application of Acts and subordinate statutes governing entry into and departure from Korea of employee foreigners;

1. Relevant Article 94 subparagraph 9 of the Immigration Control Act and Article 18 (3) of the same Act, which provide for applicable provisions concerning facts constituting an offense and select punishment;

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 sentencing grounds of Article 334(1) of the Criminal Procedure Act for the provisional payment order include the number of illegal aliens employed by the defendant.

However, the employment period of the accused is short, and the accused does not have the same criminal history.

The sentence shall be determined as per the order, taking into account such circumstances, the defendant's age, character, environment, and circumstances after the crime.

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