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(영문) 수원지방법원 여주지원 2018.06.26 2017고단401
출입국관리법위반
Text

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

Defendant

If A does not pay the above fine, it shall be 100,000 won.

Reasons

Punishment of the crime

Defendant

B Co., Ltd. (hereinafter referred to as “Defendant Co., Ltd.”) is a business entity that manufactures and sells stratory glass in G at the time of leisure, and Defendant A is the actual operator of Defendant Co., Ltd.

1. When intending to employ a foreigner A, a person having the status of sojourn eligible for employment in Korea shall be employed under the conditions as prescribed by the Presidential Decree;

Nevertheless, from November 16, 2016 to February 14, 2017, the Defendant employed four foreigners who have no status of stay for employment, such as L (M) from November 16, 2016 to February 14, 2017, from November 28, 2016 to February 14, 2017, from Vietnam, from November 16, 2016 to February 16, 2016, from November 16, 2016 to February 14, 2017.

2. The Defendant Company employed four foreigners who are not qualified for employment as described in the above 1. Paragraph with respect to the Defendant Company’s business.

Summary of Evidence

1. Defendant A’s legal statement

1. The legal statement of the witness N orO;

1. Accusation of an immigration offender;

1. A written statement (excluding Chapter 4. F).

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

1. Application of Acts and subordinate statutes governing registration;

1. Defendant A of the relevant criminal facts: Article 94 subparagraph 9 of the Immigration Control Act and Article 18 (3) of the Immigration Control Act, and Articles 99-3 subparagraph 2, 94 subparagraph 9, and 18 (3) of the Immigration Control Act;

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

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

1. Defendants of the provisional payment order: The grounds for sentencing under Article 334(1) of the Criminal Procedure Act are as follows: (a) awareness and reflects on the above facts constituting the crime; (b) background leading up to the crime; (c) number and employment period of the employed foreign workers; and (d) Defendant A was not punished for the same kind of crime; and (c) Defendant A’s age, sexual behavior, environment, etc. are comprehensively considered the sentencing conditions under Article 51 of the Criminal Act.

. The portion of innocence.

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