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(영문) 전주지방법원 남원지원 2017.05.30 2017고정13
출입국관리법위반
Text

1. The defendant A shall be punished by a fine of four million won;

The above fine shall not be paid by the defendant.

Reasons

Punishment of the crime

Defendant

A is the representative director of the limited company B in Jeonwon-si, Jeonwon-si, and the defendant limited company B is a corporation established for the purpose of blicking of textile products, blicking, arranging, and finishing processing.

1. Defendant A paid KRW 54,00 per day to the place of business of the said limited company B, and from October 25, 2016 to November 22, 2016, Defendant A employed each foreigner who is eligible to be employed as an illegal foreigner on condition that he/she pays KRW 54,000 per day F of the same nationality from October 29, 2016 to November 22, 2016, under the condition that he/she pays KRW 54,00 per day F of the same nationality (G life) from November 15, 2016 to November 22, 2016.

2. A, the representative director of the Defendant Company B, who is the Defendant Company B, employed foreigners who did not have the status of sojourn eligible for employment as prescribed in paragraph (1) with respect to the business of the Defendant Company.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes to the accusation of an immigration control office;

1. Article 94 subparag. 9, Article 18(3), and Article 18(1) (excluding punishment) of the Immigration Control Act; Article 99-3 subparag. 2, Article 94 subparag. 9, Article 18(3), and Article 18(3), and Article 18(1) of the Immigration Control Act;

1. Defendants who are subject to 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: Taking into account the fact that each period of employment with the grounds for sentencing under Article 334(1) of the Criminal Procedure Act is not long, and the economic situation of the Defendants appears to be somewhat difficult, the amount of fines prescribed in the summary order shall be reduced. However, considering the standards for the determination of penalties under attached Table 8 [Attachment 8] of the Enforcement Rule of the Immigration Control Act (not less than three but not more than five persons among paragraph (1), and less than six months: KRW 400 to less than six million), the punishment shall be determined as per the order.

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