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(영문) 창원지방법원 2015.01.20 2014고단2780
출입국관리법위반
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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.

The Defendant, from June 4, 2014 to October 10 of the same month, employed 16 foreigners of Vietnam, who did not have the status of sojourn eligible for employment, as indicated in the attached list of crimes, as workers, in the “E, a plastic type of plastic business operated by the Defendant, from around June 4, 2014, under the condition that the Defendant would pay monthly salary of 1.5 million won, and employed 16 foreigners who did not have the status of sojourn eligible for employment, as indicated in the attached list of crimes.

Summary of Evidence

1. Statement of the defendant in court;

1. Application of Acts and subordinate statutes of the accusation note, notice of decision on examining an immigration offender, report on recognition of suspected facts, certificate of employment of foreigners, business registration certificate, and recorded foreigner record card;

1. Article 94 subparagraph 9 of the Immigration Control Act and Article 18 (3) of the same Act concerning the facts constituting an offense;

1. Selection of each selective fine for punishment (a half-year, absence of previous record, and all employees who were illegal aliens have taken measures to leave the Republic of Korea and are employed by normal means);

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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