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(영문) 의정부지방법원 2019.09.19 2019고단2212
출입국관리법위반
Text

Defendant

A Imprisonment for 6 months, Defendant B shall be punished by a fine of 7,000,000 won.

However, the defendant A.

Reasons

Punishment of the crime

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

1. Defendant A operates a textile processing business with the trade name “stock company B” in both weeks.

From January 7, 2019 to February 26, 2019, the Defendant employed a foreigner who has no status of stay as 11,500,000 won per month in the office of the above company, including employment, by paying D, who does not have the status of stay eligible for job-seeking activities, to pay 1,50,000 won per month.

2. Defendant B, at the above date and place, employed 11 foreigners who did not have the above status of sojourn that Defendant A, the employees of the Defendant, did not work as above in relation to the Defendant’s business.

Summary of Evidence

1. Defendant A’s legal statement

1. Written statement of Thailand;

1. A certificate of foreign employment;

1. A notice of decision on examining an immigration offender;

1. Application of statutes on business registration certificate and total certificate of registered matters;

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 same Act (Selection of Imprisonment);

(b) Defendant B: Each of the Immigration Control Act No. 99-3 subparag. 2 and Article 94 subparag. 9

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

1. Defendant A who is under a suspended sentence: Article 62 (1) of the Criminal Act (hereinafter referred to as the following favorable circumstances):

1. Defendant B corporation of the provisional payment order: Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The scope of punishment by law;

(a) Defendant A: Imprisonment for one month to four years;

B. Defendant B: Fine of KRW 50,000 to KRW 30 million

2. Determination of sentence;

A. Defendant A: Imprisonment with prison labor for six months, probation one year following the suspension of execution, and other conditions of sentencing as shown in the records, such as the Defendant’s age, occupation, character and conduct, family relationship, and circumstances before and after the commission of the crime, shall be comprehensively considered and determined as the sentence

. Unfavorable circumstances: foreigners employed.

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