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(영문) 수원지방법원 여주지원 2018.09.05 2018고정436
출입국관리법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

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

Nevertheless, from January 19, 2018 to February 6, 2017, the Defendant, in the qualification B-1 (Visa exemption), entered by the Defendant, as a non-registered employee, without registration, to pay monthly salary of KRW 1,400,000, and had six foreigners who are not capable of engaging in employment activities, such as the list of crimes in the attached Table, to pay monthly salary of KRW 1,40,000.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of each Thailand;

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

1. A certificate of employment of foreigners;

1. Application of Acts and subordinate statutes to a report on activities for controlling immigration offenders to a metropolitan control team;

1. Article 94 subparagraph 9 of the relevant Act and Article 18 (3) of the Immigration Control Act regarding criminal facts and the selection of punishment;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act in the Criminal Procedure Act requires consideration of the type of business in which a foreigner is employed and operated, the number of foreign employees, the period of employment, the criminal records of the defendant, etc.

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