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(영문) 대구지방법원 2016.04.28 2016고단899
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

If a foreigner intends to find an employment in the Republic of Korea, he/she shall obtain the status of sojourn eligible for employment activities, as prescribed by Presidential Decree, and no person shall employ a person who has no status of sojourn eligible for employment activities.

Nevertheless, from November 20, 2015 to December 17, 2015, the Defendant: (a) paid KRW 50,000 per day to D (E-6-2) who entered the visa with a performance (E-6-2) on November 5, 2013; and (b) employed 5,000 won per day to the said host as an entertainment reception receptionist; and (c) employed 5,000 persons of the Republic of Korea, an illegal sojourn (E-6-2), as indicated in the list of crimes committed in the attached Table, as an entertainment receptionist.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to written accusation and written confirmation of employment of foreigners;

1. Relevant Article of the Act and Articles 94 subparagraph 9, 18 (3), and 18 (1) of the Immigration Control Act regarding facts constituting an offense, and the selection of a fine (including the fact that the accused has no record of the same kind of crime, the illegal period of employment has not expired, the fact that the accused is led to confession and reflect, etc.);

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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