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(영문) 부산지방법원 2017.07.12 2017고단2459
출입국관리법위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 5,000,000 and by a fine of KRW 3,000,000, respectively.

Defendant

A above.

Reasons

Punishment of the crime

1. Defendant A is the head of a factory of B Co., Ltd. with the head office in Busan Seo-gu C.

A person is prohibited from employing a foreigner who does not have the status of stay eligible for job-seeking activities. However, the Defendant employed each of the following conditions: D, E, F, G, H, I, J, J, and K on condition that the Defendant would pay KRW 6,030,00,00, not having the status of stay eligible for job-seeking activities at the company’s factory from August 1, 2015 to November 9, 2016.

Accordingly, Defendant A employed 8 foreigners who did not have the above status of sojourn eligible for job-seeking activities.

2. Defendant B Co., Ltd. employed 8 Thailand each as above in the above factory.

As a result, the defendant company employed 8 foreigners who did not have the status of sojourn that the head of the factory A does not have the status of employment as above in relation to the defendant's business.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written investigation of the suspect of each police officer against L or A;

1. Application of the Acts and subordinate statutes to inquire about each immigration offender, a complaint, a notice of decision on examining an immigration offender, etc., a certificate of employment of foreigners, a copy of a business registration certificate, a certified copy of the corporate registry,

1. Defendant B corporation: Articles 94 subparag. 9 and 18(3) (in light of the initial crime and the depth of the crime) of the Immigration Control Act; Defendant B corporation: Articles 99-3 subparag. 2, 94 subparag. 9, and 18(3) of the Immigration Control Act;

1. Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the Criminal Act

1. Article 70(1) and Article 69(2) of the Criminal Act on the confinement of a workhouse (Defendant A);

1. Article 334(1) of the Criminal Procedure Act

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