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(영문) 대구지방법원 2018.10.17 2018고정545
출입국관리법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who operates the “C” in Yongcheon-si B.

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

On April 1, 2017, the Defendant entered the Republic of Korea as a short-term general (C31) qualification and did not depart from the Republic of Korea until June 30, 2017, the expiration date of his/her stay, and obtained D ( South, 34 years old) of his/her nationality while illegally staying there, from January 2, 2018.

2. By the end of 26.26, the Si 7,600 won was paid, and the Defendant was employed as an employee of the “C” operated by the Defendant.

In addition, on September 5, 2016, the Korean language training (D41) entered into the Republic of Korea on March 5, 2017, and did not depart from the Republic of Korea until March 5, 2017, the expiration date of his/her stay, and entered the Republic of Korea in the qualification of E of E of E of E of E of E of E of E of E of E of E of E of E of business (Y 22 years old) and on December 28, 2016 in the Korean language training (D 41), and did not depart from the Republic of Korea until June 28, 2017, the expiration date of his/her stay, and employed F of E of E of E of E of E of E of E with the nationality of E of E of EI (N 22 years old), who is operated by the Defendant, as an employee of the Defendant.

Accordingly, the Defendant employed three foreigners who do not have status of stay as an employee of the “C” operated by himself.

Summary of Evidence

1. Statement by the defendant in court;

1. A certificate of employment of foreigners;

1. Each statement of D, E, and F;

1. Application of Acts and subordinate statutes governing an immigration offender;

1. Article 94 subparagraph 9 of the relevant Act and Article 18 (3) of the Immigration Control Act, the selection of fines for 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. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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