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(영문) 제주지방법원 2018.11.14 2018고단1444
출입국관리법위반
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who works as a head of a wooden service team at the construction site.

If a foreigner intends to be employed in the Republic of Korea, he/she shall obtain the status of sojourn eligible for employment activities, as prescribed by Presidential Decree, and no person shall employ any foreigner who has no status of sojourn eligible for employment activities.

Nevertheless, on April 2017, the Defendant paid KRW 100,000 per day to Chinese nationals B (B and C) who did not have the status of stay to engage in job-seeking activities, and employed eight Chinese nationals who did not have the status of stay to engage in job-seeking activities, such as in the list of crimes in the attached Table, as the Chinese construction site mold, as the one who did not have the status of stay to engage in job-seeking activities.

Summary of Evidence

1. Statement by the defendant in court;

1. A written employment statement;

1. List of the foreigners employed by the employee;

1. Application of Acts and subordinate statutes to a notice of decision on examining an immigration offender;

1. Articles 94 subparagraph 9 and 18 (1) of the Immigration Control Act of the relevant Act concerning the facts constituting an offense, and the selection of each fine (including the anti-competence and the absence of criminal records exceeding the fine) under Article 94 subparagraph 9 of the relevant Act;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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