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(영문) 창원지방법원 2013.04.26 2013고단262
출입국관리법위반
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months, by a fine of ten thousand won,00,000 won.

except that this judgment.

Reasons

Punishment of the crime

Defendant

A as the representative director of Defendant B, a person who is engaged in overall business such as employment of employees and payment of wages of the above company, and Defendant B is a corporation with the purpose of manufacturing and selling safe in Kimhae-si C.

When a foreigner intends to work in the Republic of Korea, he/she shall obtain the status of sojourn eligible for employment activities, and no person shall employ a person who has no status of sojourn eligible for employment activities.

1. Defendant A employed a foreigner of Chinese nationality who does not have the status of sojourn eligible to engage in employment activities from May 24, 2011 to November 4, 2012 as an employee by paying KRW 2,013,250 per month, and employed the foreigner as an employee, as described in the list of crimes around that time, who did not have the status of sojourn eligible to engage in employment activities, as described in the list of crimes.

2. Defendant B, a representative director of the Defendant company, employed a foreigner who did not have the status of sojourn that 16 workers would work in the Defendant’s business as prescribed in paragraph (1) at the same date, time and place as prescribed in paragraph (1).

Summary of Evidence

1. Defendant A’s legal statement

1. Each protocol of suspect examination of Defendant A by prosecution and police;

1. A copy of each foreigner's statement;

1. A written accusation;

1. A copy of each certificate of employment of foreigners, a copy of each decision on examining immigration offenders, a list of foreigners employed by employees, a copy of wages and retirement allowances, and the application of statutes on business registration;

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: Subparagraph 2 of Article 99-3 of the Immigration Control Act, Article 94 Subparag. 9 of the Immigration Control Act, and Article 18(3) of the same Act

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

3. As to Defendant A, Article 62(1) of the Criminal Act on the suspended execution.

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