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(영문) 서울동부지방법원 2020.10.14 2020고정147
출입국관리법위반
Text

Defendants shall be punished by a fine of 6 million won.

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

Defendant

A is a person who operates B in Seongdong-gu Seoul, and Defendant B is a corporation established for cleaning agency business.

1. The defendant A shall not employ any foreigner who has no status of sojourn eligible for employment activities;

Nevertheless, from April 30, 2019 to May 28, 2019, the Defendant paid 2 million won per month to Mongolia, who has a short-term visit (C-3-9) sojourn status without the status of stay for employment in the D hotel in Suwon-gu from around April 30, 2019, and employed four Mongolia, who does not have the status of stay as shown in the attached list of crimes, to pay 2 million won per month and to conduct cleaning work.

2. Defendant B, a representative of the Defendant, committed the same offense as that of the Defendant’s business as that of the Defendant.

Summary of Evidence

1. The application of laws and subordinate statutes to the defendants' written statements (No. 5-2 to 4, and 6) written confirmations on foreign employment, a business registration certificate, an immigration record meeting, a survey report, a survey of current situation, photographs, copies of passbooks, boxs, and a written accusation of hotel working days, respectively.

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

A. Defendant A: Articles 94 subparag. 9 and 18(3) of the former Immigration Control Act (amended by Act No. 17089, Mar. 24, 2020; hereinafter “former Immigration Control Act”) and each of the fines is selected.

(b) Defendant B: Each of the items of Article 99-3, Article 94, subparagraph 9, and Article 18 (3) of the former Immigration Control Act

1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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