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(영문) 대구지방법원 2013.12.11 2013고정2614
출입국관리법위반
Text

Defendant

A A shall be punished by a fine of KRW 3 million, and Defendant B shall be punished by a fine of KRW 2 million.

Defendant

A above.

Reasons

Punishment of the crime

1. If a defendant A intends to find a job 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, from August 16, 2012 to February 28, 2013, the Defendant employed Thailand C with the nationality of Thailand, which was under illegal stay, without leaving the country within the period of sojourn from August 16, 2012 to February 28, 2013.

2. Defendant B Co., Ltd. employed Defendant A, the representative of which was a foreigner who was an illegal stay, as described in paragraph (1), at the same time and place as described in paragraph (1).

Summary of Evidence

1. Defendants’ legal statement

1. A written accusation;

1. Written opinion;

1. Full certificate of registered matters;

1. Status of individual entry and departure;

1. Application of Acts and subordinate statutes on recorded foreigners' records;

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 Fines);

(b) Defendant B: Subparagraph 2 of Article 99-3 of the Immigration Control Act and Article 94 subparagraph 9 of the Immigration Control Act

1. Defendant A at a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;

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